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The Right to Equality:

Freedom from Discrimination

Home » Student Rights » The Right to Equality: Freedom from Discrimination » Fostering Inclusive Schools » Can my school refuse to allow a student club for queer students (GSAs and others)?

Can My School Refuse to Allow Student Clubs for Queer Students?

Many queer students benefit from having spaces in school where they can come together to support each other, discuss issues related to sexual orientation, gender expression and identity, and work towards making their school more inclusive. These clubs can be a very important resource for queer students in providing a safe space—a place you can be yourself, explore your identity and sexual orientation, and meet other like-minded students. Students have the right to a queer-positive student club at your school.

These clubs are often called GSAs, but other names are also used. In the past, GSA stood for “Gay-Straight Alliance”, but today it sometimes stands for “Gender Sexuality Alliance” in order to be clear that the club welcomes students of all sexual orientations and gender identities. Other students have chosen names such as the “Rainbow Alliance” or “Pride Club”. Because GSAs are the most common name for these clubs, we have used this term.

Studies have shown that GSAs have a positive impact on queer students, and on school environments overall. A 2014 study from the University of British Columbia concluded that GSAs help prevent homophobia and discrimination against queer students, as well as suicidal ideation and attempts amongst both queer and heterosexual students. Research also shows that schools who had GSAs for at least 3 years had lower levels of alcohol and drug use among both queer and straight students.

Some schools have tried to prevent or limit students’ ability to form GSAs, slowing down the process of forming one, and creating delays and obstacles to their formation. In some cases, school officials have directly banned these clubs.

One way schools restrict GSAs is by allowing the formation of a general “diversity” or “differences” club, but not a GSA. Some schools might allow students to form a club but won’t let students use words like “gay” or “queer” or “2SLGBTQIA+” in the club name.

What Are the Legal Protections for GSAs and Queer-Positive Clubs?

Section 2(b) of the Charter reads:

 “Everyone has …freedom of thought, belief, opinion and expression, including freedom of the press and other media communication.”

Section 2(d) of the Charter reads:

“Everyone has …freedom of association.”

Freedom of association, which is protected by section 2(d) of the Charter, means you have the right to join together with other people to form a group like a GSA, and you should not be prevented from doing so.

Freedom of expression is also protected by section 2(b) of the Charter. This freedom is often called “free speech.” Being able to use words like “gay”, “queer” or “2SLGBTQIA+” in your club name is a form of expression that schools should not be preventing just because someone at the school thinks it is controversial.

As discussed, the Charter also protects everyone’s right to equality; you cannot be discriminated against on the basis of characteristics like gender identity and sexual orientation. If schools treat GSAs differently from other clubs, they may be violating your right to equality.

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Is my school required to provide inclusive school curriculum?
Can my school limit the content of learning materials in school libraries?
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Can my school refuse to allow a student clubs for queer students (GSAs and others)?
Can my school refuse to allow a student club for queer students (GSAs and others)?
What about freedom of religion?
What about freedom of religion?
What about inclusion of queer students in school activities like sports, prom, school trips?
What about inclusion of queer students in school activities like sports, prom, school trips?