A group of West Bend High School students has sued the School Board, alleging its chapter of the Gay-Straight Alliance was illegally denied recognition as a club because of bias against its mission.

The West Bend High School Gay-Straight Alliance and two students filed the lawsuit Thursday in federal court in Milwaukee, just three days after their request to become a school-sponsored club was rejected on a 3-3 vote by the board.

The students' complaint alleges board members violated a federal law that forbids schools from denying access to their facilities based on an organization's beliefs. They also claim board members violated their First Amendment rights by discriminating against them based on their speech.

West Bend School Board President Randy Marquardt, who voted against the group's request, said the board has not discriminated against the students by denying access to its facilities. He pointed out that the group has been allowed to meet informally at East and West high schools for years.

"It's not like the School District decided to go after the club and ban them in any way," he said. "It was them trying to increase their profile, basically."

After years of being denied club status under an informal system of recognition, the group applied for recognition this year under a new process that required they show they have a curricular tie, national or state affiliation, student appeal and a volunteer adviser. School District administrators found they met all of the criteria and recommended approval, but the School Board turned down the GSA's request.

The lawsuit points out that the school's Key Club - which stresses service and leadership - has been allowed to remain a school-sanctioned club even though it has no ties to the curriculum.

The difference is board members' bias toward the GSA's mission, which is "to combat bullying and harassment through education and advocacy and to provide an emotionally and physically healing learning environment for people of all gender and sexual orientations," the students contend.

"You can't deny GSAs just because you don't like what they're talking about," said Waring Fincke, an attorney who is representing the students.

The lawsuit by the students, who are only identified by their initials, alleges that they are denied a number of privileges because they have not been recognized as a school group, including using the schools' public address system, posting club-related information in the facilities, using the schools' equipment and resources, raising funds for club activities and inclusion in the yearbook.

The students are asking the federal court to order the school to recognize the GSA as a sanctioned student group, declare that the School Board has violated their rights and pay damages of less than $20 and attorney's fees.