Thursday, April 24, 2008

Student Can Wear Anti-Gay Shirt: Student's 1st Amendment right supersedes Indian Prairie District 204's desire to limit disruptions

The Chicago Tribune reports:
A sophomore at Neuqua Valley High School in Naperville can wear a T-shirt with an anti-gay message to class next week to protest the school's annual Day of Silence promoting tolerance of homosexuals, a federal appeals court has ruled.

The 7th U.S. Circuit Court of Appeals ruled Wednesday that Alexander Nuxoll has a 1st Amendment right to wear the T-shirt, which reads "Be Happy, Not Gay." That right, according to the ruling, supersedes Indian Prairie District 204's desire to limit disruptions that might be caused by the student wearing it.

The court also ordered the district not to discipline Nuxoll for wearing the shirt to school, which he intends to do Monday, said Nate Kellum, senior counsel for the Alliance Defense Fund, which litigates on behalf of Christian causes.