West Bend — The West Bend School Board has rejected sponsoring a homosexual support club at its high schools, despite the threat of legal action in the case of such rejection.

Approval of school sponsorship for the Gay-Straight Alliance at East and West high schools failed on a tied 3-3 vote at the board's Monday night meeting, which was attended by more than 100 supporters of the proposal.

Before the vote, attorneys warned district officials that they could face legal action for discrimination if they deny awarding club status to a Gay-Straight Alliance at East and West high schools.

"The law says these kids are entitled to equal access to school facilities, and that's all we're asking for," said West Bend attorney Waring Fincke, who is representing students in the homosexual support group.

Fincke already has filed a discrimination complaint with the district. While that complaint was pending, however, district officials implemented new rules for club acceptance, and school administrators recommended that the School Board accept the Gay-Straight Alliance as a club.

Board President Randy Marquardt, who voted against recognizing the GSA as a club, said he didn't think the board should base its decision on the threat of legal action.

He said he didn't see the need for the group to be school-sponsored.

"I just don't see how we're not in compliance by not allowing this to remain a non-school-sponsored club," he said.

In addition to Marquardt, board members Dave Weigand and Tim Stepanski voted against the club. Board members Rick Parks, Todd Miller and Kris Beaver voted for it.

Parks said he was worried about the possibility of costing the district tens of thousands of dollars in a failed lawsuit.

"I have no doubt that, should this go to federal court, there would be an extremely small likelihood that you would prevail," he told his fellow board members.

Only a few residents spoke at the meeting, two against and four in favor of the group, but the sizable audience in the McLane Elementary School gymnasium clearly supported the club through applause and cheers for those who spoke for school sponsorship.

According to the district's criteria for school-sponsored clubs, clubs must have a curricular tie, national or state affiliation, student appeal and a volunteer adviser. In GSA's application for school sponsorship, its purpose is listed as combating bullying and harassment and "to provide an emotionally and physically healing learning environment for people of all genders and sexual orientations."

For a curriculum connection, the group listed six courses in which homosexual issues are discussed and studied.

Before the new policy, Fincke said student groups were informally recognized and that, as far as he could tell, every other group that had requested recognition by the school had received it.

In addition to having access to school facilities for meetings, he said club recognition from the school would allow the GSA to use school bulletin boards for notices, get a page in the yearbooks and set up tables in school hallways for fundraisers.

"It's true second-class citizenship," he said of the GSA's current non-club status since 2002, "and it's wrong."