(CNN) — A student-led, pro-life club has sparked controversy after handing out cupcakes on National Pro-Life Cupcake Day with a message that read: Each cupcake is for a child who does not get to celebrate a birthday because of abortion.
The ACLU has no problem with the message on the cupcakes.
But the organization warns: “If the school is going to allow this club to put out not just the cupcakes but what is really a political message and distribute that in school. The law is very clear that every other student group in school has the same rights,” Vic Walczak said.
Superintendent Dr. Jeffrey Taylor said in a statement he’s OK with the pro-life message, saying the students participated in the National Pro-Life Cupcake Day as they do annually.
The Students For Life America Club at Norwin High School received permission from the high school principal to distribute cupcakes and the attached flyer to students.
But one student complained that the school forbids gay and lesbian students from having an LGBT club.
Instead, they must call it the diversity club.
“Apparently there is some form of LGBT club that was not allowed to call itself what they wanted. That is a violation,” Walczak said.
The school denies preventing an LGBTQ club.
They say its always been the diversity club but it’s reminiscent of a case earlier this year when the ACLU sued the McKeesport School District to allow a black student union.
The ACLU prevailed.
“These are kids who are who are learning about the Constitution, learning what citizenship means in this country and if their constitutional rights are violated then they should have recourse,” Walczak said.
The ACLU says legally, all clubs at the school have the right to distribute a political message to all the students.