South Carolina sex education statute discriminates against LGBTQ youth, lawsuit claims

COLUMBIA, S.C. (WCIV) — A federal lawsuit was filed by the Gender and Sexuality Alliance, a group that includes South Carolina public school students.

They say the state's 30-year-old health education standards, something we have been reporting on since last November, discriminate against same-sex relationships.

After multiple failed attempts at getting the state's general assembly to act, now, it's up to the courts to strike down this statute.

“I went to public school in South Carolina and experienced firsthand the way this law impacts LGBTQ kids' everyday school experience,” said Ivy Hall, a transgender activist and community health program director with the Campaign for Southern Equality.

A 1988 South Carolina statute was created during the height of the AIDS epidemic.

“This stigmatizes LGBTQ kids. It sends a message to all students that LGBTQ kids and people are associated with diseases,” stated Julie Wilensky, a senior staff attorney with the National Center for Lesbian Rights.

Under the statute, teachers can be fired for discussing same-sex relationships during middle school health ed., class except in the context of sexually transmitted diseases. However the South Carolina Department of Education says it’s not aware of teachers being fired for that reason.

“As I was just starting to come out when I was in middle school, each day, I sat in classes where LGBTQ life could not be discussed. It sent an unmistakable message that it’s wrong to be LGBTQ,” stated Hall.

By law, every school district must comply with the statute.

“Two states have repealed these statutes, that is Arizona and Utah. Both did. So, after, they were sued over similar laws,” explained Wilensky.

South Carolina is the first southern state to be sued. There are six other states with the same statute on the books. South Carolina Attorney General Alan Wilson has already been asked to weigh in by the state's superintendent of education, Molly Spearman.

In a written opinion, the attorney general’s office opined “a court would likely conclude this provision unconstitutional as violative of Equal Protection.”

His whole opinion can be found here.

“To those youth, we want to send a clear message this morning. We see you, we hear you, there is nothing wrong with you. We have your back and we are going to bring down this discriminatory law,” said Hall.

ABC News 4 reached out to as Superintendent Spearman. She told us in a written statement:

As State Superintendent, I am required to uphold the laws passed by the South Carolina General Assembly without discretion. My primary obligation is always to uphold the rights and safety of our students and their families. The lawsuit filed today highlights an issue that the General Assembly has failed to address. I recently sought and received an Attorney General’s opinion on its constitutionality. The Attorney General’s office opined “a court would likely conclude this provision unconstitutional as violative of Equal Protection.” I agree with the arguments and evidence presented in the opinion. I also believe that parents should continue to have the final say in whether or not their child participates in health education curriculum. The ultimate decision now rests in the hands of the Court. I trust they will be swift and their decision will uphold the dignity of all students.