A federal appeals court has ruled that LGBT students may proceed against a Florida middle school that denied its application for a student club.
In reversing the dismissal of the club's lawsuit, the Eleventh Circuit said that Florida law gives middle school and high school students the same rights to form extra-curricular clubs. The justices said Florida's law inconsistently defines "secondary education," but concluded that a middle school is a secondary school for equal access purposes.
"We conclude that 'secondary education,' under Florida law, means at least 'courses through which a person receives high school credit that leads to the award of a high school diploma,'" the justices said in reversing and remanding the case.
Unless the school district appeals, the district court will now decide whether Carver Middle School must accept the club. The appellate court decision has far-reaching implications, however.