UNIVERSITY DAILY KANSAN
Monday, October 30,1995
5A
continued from page 1A
Photo courtesy University Archive
E. Lawrence Chalmers Jr., who served as KU's chancellor from 1969 to 1972, does not remember the gay rights movement at the University of Kansas or its entailing lawsuit. However, Chalmers, shown in this 1970 photo, twice rejected the Lawrence Gay Liberation Front's application to be an official University organization.
oppose the sexual proclivities of students, particularly when they might lead to violation of state law, the University of Kansas declines to formally recognize the Lawrence Gay Liberation Front."
Student Senate denounced the denial as indefensible. It pointed out that student activity fees already were allocated to a group that promoted birth control and one that called itself KU Singles.
Heller thinks Chalmers simply was trying to save his job. Earlier that July, the Board of Regents had voted 4-3 to dismiss Chalmers; then one member who voted against Chalmers reversed his vote.
The close call left Chalmers shaken and hesitant to support a politically unpopular group such as the Gay Front, Heller said.
Gay Front Hires Kunstler
It was time for more drastic measures.
"He was trying to protect his rear because the Board of Regents was trying to get rid of him," he said. "You had public opinion out there that said that anyone who admitted they were gay didn't deserve to be alive."
The Lawrence Gay Liberation Front decided to sue the University for infringing its First and 14th Amendment rights. But it needed a good attorney.
In March 1971, the Front again tried to gain recognition, again was approved by Student Senate and again was rejected by Chalmers.
Kunstler's client list included Malcolm X, Martin Luther King Jr. and the Chicago Seven.
William Kunstler happened to be at the University participating in a debate, so student Chuck Orleb approached him afterward and asked him to consider getting involved. "I had just come out a couple weeks
before," said Ortlbe, who now is publisher of The New York Native, the oldest weekly gay news magazine in New York City.
Kunstler recently had gained national notoriety for his defense of members of the Chicago Seven, who were tried on charges of conspiring to incite riots at the 1968 Democratic National Convention.
The defendants were acquitted. Kunstler, however, was sentenced to four years and 13 days in jail for his courtroom behavior, though the sentence was overturned on appeal.
In July 1971 Kunstler sent a letter to the Front's legal committee accepting the invitation to represent the group.
"I am happy to indicate to you that I would gladly represent you in your efforts to force the University to accede to your legitimate demands to be recognized as
a campus group." Kunstler wrote.
The Gay Front was floored.
"To get a hero of the anti-war movement to take our cause was very exciting," Orlteb said. "Walter Cronek even announced it on the evening news."
The following fall, Kunstler came to campus and spoke to students. He took the KU case, he explained, because recognition of gay liberation was important for free speech, freedom of association and for a well-rounded atmosphere at the University.
"It is important in a free society that everyone is free," he said.
Funds For Fight Rejected
Although Kunstler was representing the Gay Front pro bono, the group asked Student Senate for $600 to help cover cost courts.
Chalmers appeared before Student Senate and reaffirmed his opposition to financing the Gay Front. He promised that
Photo courtesy University Archives
William Kunstler, in this 1971 photo, explains to KU students why he took the Gay Liberation Front's case. He said recognition was important for free speech, freedom of association and a well-rounded atmosphere. Kunstler, however, never got to argue the case.
Nevertheless, Student Senate approved the request by a vote of 45 to 23.
if Senate approved funding, he would strike it down.
Like Chalmers, then student body president David Miller, who now owns an insurance agency in Eudora, said he didn't remember the incident.
But in a letter attached to the Senate funding bill, Miller recommended that Chalmers veto the funding.
"I don't remember anything about gay liberation," he said.
"I believe this use of funds is not appropriate for a student fund allocation, and I also believe the allocation is not supported by the Student Body." Miller wrote.
Chalmers followed Miller's advice. The only avenue left was through the courts.
Kunstler Barred As Counsel
The case went to trial on Jan. 27, 1972, in Federal District Court in Topeka. But during the opening introductions, Judge George Templar told Kunstler that he would not recognize him or allow him to argue the case for the Front.
Templar said allowing an out-of-state attorney to practice in Kansas was a privilege granted by the court — not a right.
Because Kunstler didn't have proper respect for the courts, he could not appear, Templar said.
"I cannot close my eyes to what is well known by the judiciary throughout the country." Toumape said.
"Your fame is notorious. You have gone all over this country deriding the judiciary."
Templar didn't budge, however, and ordered Kunstler not to sit at the counsel table.
"I don't want to sit in your court, your honor," Kunstler shot back. "You have
"If your honor finds me abrasive, you can strike it," Kunstler said. "At least give me a chance. I assure your honor that we'll get along."
diminished my respect for the courts. I didn't think that was possible."
Kunstler protested, saying that he had done much of the research on the case and was more familiar with its legal aspects than his co-counsel, Jack Klmknett.
Because Kunstler did not have proper respect for the courts,he could not appear,the judge said.
"My basic point was that the plaintiff had chosen this guy as their lawyer, and I had no objections to it whatsoever," recalled Oldfather, who now is retired and living outside Lawrence.
Charles Oldfather, KNU attorney for the University, then approached the bench and asked Templar to allow Kunstler, his adversary, to represent the Gav Front.
But Templar, who died
in 1988, responded by saying the decision was not a hasty one and that Klinknett had to represent the Front, even though he was not prepared to do so.
"By the time the judge told Kunstler to sit down and shut up, I was in a panic," recalled Klinknett, who still practices law in Lawrence. "I was young and green, and
Ithoroughly hotchedit "
Not surprisingly, the Gay From lost the case. An appeal to the 10th Circuit Court of Appeals in Denver also failed, and the Supreme Court refused to hear the case.
It would be another nine years before the Gay Front would gain status as an official organization.
Reactions to the Trial
case. It would be another nine years before the group gained official status.
The Front lost the
Kunstler told reporters after the trial that his being barred was absolutely and utterly unprecedented.
Before he left the courtroom, Kunstler put his arms around Oldfather and told him how brave he had been. Oldfather said he thought Kunstler was overdoing it
"I didn't feel very brave," he said.
Reactions in the Kansas press were mixed regarding Templar's actions.
"There could be no clearer denial of First Amendment rights than to exclude an attorney based on what he had heard I had said." Kunstler said.
It was the first time he had been barred from a court, even though he had practiced in numerous states, various federal districts and appeals courts and the U.S. Supreme Court. Kunster said.
A Jan. 28, 1972, staff editorial in the *Parsons Sun* praised the judge for barring the notorious court-baiter from representing
a group of crackpots and exhibitionists.
The Hutchinson News said in a Jan. 30, 1972, editorial that, according to Templar's standard, U.S. Supreme Court Justice Warren Burger also would be barred from Templar's court because he also had publicly criticized the judicial system.
"Templar's blow appeared to be a clear-cut case of the hitter doing more damage to himself—and the system—than he did to the hitter," the editorial said.
Looking Back
Today, gay, lesbian and bisexual organizations at the University are well-integrated, have weekly campus meetings and sponsor on-campus events throughout the school year.
This fall, Student Senate approved $1.522 in student funds for LesBiGayS OK without hesitation or debate.
Because of this support, many homosexual students are grateful for those who fought their battles 25 years ago.
"It's wonderful being queer at KU," Samantha Korshin said. "The amount of support is wonderful, especially considering it's in the middle of Kansas."
"The early struggles have helped people of my generation so much," said Joe Cuevas, Topeka sophomore and LesBi-GayS OK co-director. "Without them, we wouldn't be where we are now."
And although they lost their suit, the trial participants enjoy looking back
"Those were proud times for me," Joe Pratado said.
Ron Kuby, Kunstler's law partner and a 1973 KU graduate, said Kunstler also had good memories of the case.
"He remembered it and remembered it fondly. Kuby said."
Still, not everyone is nostalgic.
After a 10-minute discussion about life at the University 25 years ago, former Chancellor Chauhns said he still couldn't remember the gay rights movement or the events of the lawsuit.
"Was William Kunstler at KU?" Chalmers asked. "I have no recollection."
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