A federal judge sharply questioned a school district's refusal to sanction a student club that would focus on gay and lesbian issues.

"Just because you go to school doesn't mean you don't have First Amendment rights," U.S. District Judge Tena Campbell told a lawyer for the Salt Lake City School District.

Campbell made no decision Thursday. But she is expected to rule within days on a request by student organizers to overrule administrators and give PRISM — People Respecting Important Social Movements — temporary school privileges.

Campbell will then decide the crux of the case: whether school officials violated the First Amendment or their own policy in snubbing PRISM, formerly the Gay-Straight Alliance and now reconstituted with an academic bent to satisfy new district club rules.

Cynthia Seidel, the district's assistant superintendent, struggled on the stand Thursday to explain why PRISM didn't qualify as an academic club, contending it represents a narrow viewpoint on American history and sociology.

In 1996, the school district eliminated all non-academic clubs rather than allow a gay club at East High School, a move that was upheld in federal court.

The gay club can only meet after hours as a community group that must rent space and pay for insurance. The club isn't allowed to hand out flyers or use the public address system at school.

"We'd like to have a school-sponsored club, not an extracurricular club we have to pay for," Jessi Cohen said.

Cohen and fellow student Maggie Hinckley in February applied to organize PRISM as an academic club with full privileges and open to all East High students. The purpose of the club is to discuss history from the perspective of gays and lesbians.

Seidel turned them down "because we don't teach curriculum from the viewpoint of gays and lesbians."

Stephen Clark, legal director for the American Civil Liberties Union of Utah, argued that the denial was a straightforward First Amendment violation.

Clark also contends the district manipulated its own club policy and sealed its decision against PRISM with a new, still unwritten rule disqualifying clubs advocating an "exclusive viewpoint" of academic subjects.

Clark delivered opening and closing arguments while Richard Van Wagoner, another Salt Lake lawyer, grilled Seidel on her decision to disqualify PRISM but sanction the Polynesian Club and the Odyssey of the Mind Club.

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Seidel also nixed a women's literature club, saying she had suggested a genderless literature club instead. Campbell seemed particularly interested in that decision and asked for district records on it.

The judge frequently turned on Dan Larsen, an assistant Utah state attorney general defending the school district, attacking his arguments and declaring school administrators were not above the law.

Campbell said her responsibility was to uphold the U.S. Constitution "and I will do that even though I am not an elected official."

District Superintendent Darlene Robles, who was in the courtroom but did not testify, said the school board wasn't trying to violate students' First Amendment rights and welcomed any clarification Campbell can bring on the matter.

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