Stunts Have Right to Wear 'Be Happy, Not Gay' T-Shirt, 7th Circu Appeals Court Rul

Contents:

• COURT UPHOLDS 'BE HAPPY, NOT GAY' T-SHIRT
• FERAL COURT BACKS STUNTS’ ‘BE HAPPY, NOT GAY’ SHIRTS
• APPEALS URT UPHOLDS STUNTS' RIGHT TO WEAR ‘BE HAPPY, NOT GAY’ SHIRTS
• STUNT WS INJUNCTN TO WEAR ‘BE HAPPY, NOT GAY’ T-SHIRT AT SCHOOL
• ILLOIS SCHOOL MT ALLOW “BE HAPPY, NOT GAY” T-SHIRT
• HEIDI ZAMEIK’S ‘BE HAPPY, NOT GAY’ T-SHIRT IS PERFECTLY FE SCHOOL APPAREL, FERAL APPEALS COURT SAYS
• ADF ATTORNEYS AGA ASK URT TO STOP BAN ON “BE HAPPY, NOT GAY” T-SHIRT AT ILLOIS SCHOOL
• DPE PARTIAL SETTLEMENT, ‘BE HAPPY, NOT GAY’ T-SHIRT SE NTU
• T-SHIRT SE CID: “BE HAPPY, NOT GAY” ALLOWED SCHOOL
• 'BE HAPPY, NOT GAY': 7TH CIR. CLEARS WAY FOR T-SHIRTS WH POTED MSAGE
• TAG: BE HAPPY NOT GAY
• BE HAPPY NOT GAY

COURT UPHOLDS 'BE HAPPY, NOT GAY' T-SHIRT

CHICAGO (CBS) - A feral appeals urt has led that school officials Naperville were not jtified forbiddg a stunt om wearg an anti-gay T-shirt. Heidi Zameik, a senr at the school at the time, got trouble for wearg a T-shirt readg, "MY DAY OF SILENCE, STRAIGHT ALLIANCE" on one si, and "BE HAPPY, NOT GAY, " on the other. It's an event where stunts don't speak to highlight discrimatn agast the gay and lbian muny.

" However, the an stead had a female unselor cross the words "Not Gay" off Zameik's shirt so simply read "Be Happy. In lg on the se, the 7th Circu oped: "[A] school that perms advocy of the rights of homosexual stunts nnot be allowed to stifle cricism of homosexualy. The school argued [and still argu] that banng 'Be Happy, Not Gay' was jt a matter of protectg the 'rights' of the stunts agast whom rogatory ments are directed.

FERAL COURT BACKS STUNTS’ ‘BE HAPPY, NOT GAY’ SHIRTS

In an environment that eely allows speech that promot homosexual behavr, the school simply nnot shut out the opposg viewpot. A feral appeals urt has upheld $25 damag awards to two Illois stunts who were barred by school officials om wearg T-shirts that said “Be Happy, Not Gay” to prott a day meant to promote gay tolerance. Posner said that the phrase “Be Happy, Not Gay” on a stunt’s T-shirt was not rogatory or meang to other stunts sought to wear the shirt on the “Day of Tth, ” a nservative rponse to the “Day of Silence, ” which supports gay tolerance and is backed by the Gay, Lbian and Straight Edutn new 7th Circu cisn after a feral district urt nducted further proceedgs and led for the stunts.

"[A] school that perms advocy of the rights of homosexual stunts nnot be allowed to stifle cricism of homosexualy, ” the judge wrote Zameik v.

“The school argued (and still argu) that banng ‘Be Happy, Not Gay’ was jt a matter of protectg the ‘rights’ of the stunts agast whom rogatory ments are directed.

APPEALS URT UPHOLDS STUNTS' RIGHT TO WEAR ‘BE HAPPY, NOT GAY’ SHIRTS

”There was no separate statement the new opn om Judge Ilana Rovner, who the earlier cisn agreed wh the prelimary junctn but took issue wh Judge Posner’s characterizatn of youths as makg only a “most” ntributn to the marketplace of Rovner said her 2008 ncurrence that youths “are leadg a broad, societal change attu towards homosexuals, ” and for Judge Posner to “blhely dismiss their views as ls valuable than those of adults is ntrary to the valu of the First Amendment. Circu Court of Appeals Chigoupheld a permanent junctn Tuday allowg high school stunts to displaya msage cril of homosexualy.

“A school that perms advocy of the rights of homosexualstunts nnot be allowed to stifle cricism of homosexualy, ” Judge RichardPosner wrote for a unanimo three-judge panel. Heidi Zameik, a former stunt at Nqua Valley HighSchool, wore a “Be Happy, Not Gay” T-shirt to school April 2006, the dayafter the school allowed stunts and teachers to participate a “Day ofSilence” to prott LGBT harassment.

The schooldistrict was appealg $25 damag award to each stunt an April 29, 2010, summary judgment, as well as a permanent junctn allowg all stuntsto display the “Be Happy, Not Gay” msage.

STUNT WS INJUNCTN TO WEAR ‘BE HAPPY, NOT GAY’ T-SHIRT AT SCHOOL

“The school argued (and still argu) thatbanng ‘Be Happy, Not Gay’ was jt a matter of protectg the ‘rights’ of thtunts agast whom rogatory ments are directed, ” Posner wrote. A suburban Chigo school district that promot tolerance mt also allow stunts to exprs opposg views, so long as they are not unduly disptive, a feral appeals urt led as upheld the right of high schoolers to wear a “Be Happy, Not Gay” T-shirt. “A school that perms advocy of the rights of homosexual stunts nnot be allowed to stifle cricism.

of homosexualy, ” wr Judge Richard Posner yterday’s opn (PDF) Zameik v. “The school argued (and still argu) that banng “Be Happy, Not Gay” was jt a matter of protectg the ‘rights’ of the stunts agast whom rogatory ments are directed. Daily Herald: “Court upholds District 204 stunts’ right to wear anti-gay T-shirt”.

ILLOIS SCHOOL MT ALLOW “BE HAPPY, NOT GAY” T-SHIRT

Stunt Prs Law Center: “Appeals urt upholds stunts’ right to wear ‘Be Happy, Not Gay’ shirts”. A feral appeals urt has orred that an Illois stunt be allowed to wear a T-shirt that says “Be Happy, Not Gay” to prott the annual Day of Silence support of gay stunts.

“ ‘Be Happy, Not Gay’ is only tepidly negative; ‘rogatory’ or ‘meang’ seems too strong a characterizatn, ” U. “As one would expect a school the size of Nqua Valley High School, there have been cints of harassment of homosexual stunts. But is highly speculative that allowg the platiff to wear a T-shirt that says ‘Be Happy, Not Gay’ would have even a slight tenncy to provoke such cints, or for that matter to poison the tnal atmosphere.

HEIDI ZAMEIK’S ‘BE HAPPY, NOT GAY’ T-SHIRT IS PERFECTLY FE SCHOOL APPAREL, FERAL APPEALS COURT SAYS

The Day of Tth, an alternative event sponsored by the Alliance Defense Fund, which is when Illois stunt Alexanr Nuxoll wants to wear his “Be Happy, Not Gay” shirt, is schled for Monday, April 28.

Court of Appeals for the 7th Circu reversed a lower urt’s lg agast an Illois stunt Wednday, sayg the district urt mt orr a Naperville high school to spend s ban on a T-shirt that reads “Be Happy, Not Gay” while the stunt’s lawsu proceeds. “Public school officials nnot censor a msage exprsg one viewpot on homosexual behavr and then at the same time allow msag that exprs another viewpot. ” Other stunts at the school are permted to wear shirts wh msag supportg homosexual behavr as part of the “Day of Silence, ” which is sponsored by the Gay, Lbian, Straight Edutn Network.

“It is highly speculative that allowg the platiff to wear a T-shirt that says ‘Be Happy, Not Gay’ would have even a slight tenncy to provoke such cints, or for that matter to poison the tnal atmosphere, ” the urt wrote. On the Natnal Day of Silence, Chigo area high schooler Heidi Zameik jt wanted to tell other stunts they should, “Be Happy, Not Gay, ” so she wore a t-shirt sayg as much.

ADF ATTORNEYS AGA ASK URT TO STOP BAN ON “BE HAPPY, NOT GAY” T-SHIRT AT ILLOIS SCHOOL

) This was back 2006 — and Nqua Valley High School admistrators forced her to take a marker and black out the “Not Gay” part. The 7th Circu Court of Appeals led Heidi’s favor, sayg the First Amendment giv her the right to exprs anti-gay sentiments school. A school that perms advocy of the rights of homosexual stunts nnot be allowed to stifle cricism of homosexualy, ” the urt’s lg reads.

Should gay kids jt s behd her class and … be quiet?

CHICAGO — Attorneys wh the Alliance Defense Fund are aga askg a feral district urt to stop Nqua Valley High School officials om prohibg a stunt om wearg a “Be Happy, Not Gay” T-shirt while a lawsu agast the school district mov forward urt. ADF attorneys filed their motn Monday, explag that sophomore Alexanr Nuxoll’s sire to share his relig-based nvictn that homosexual behavr do not lead to happs has not waned spe the school’s avowed tentn to preclu any such msage. The school prohibs any speech cril of homosexual nduct but allows stunts to promote and advote , particularly durg the “Day of Silence, ” an event promoted by the Gay, Lbian, Straight Edutn Network.

DPE PARTIAL SETTLEMENT, ‘BE HAPPY, NOT GAY’ T-SHIRT SE NTU

Nuxoll sir to wear his T-shirt at var tim for the remar of his enrollment at the school, cludg the day followg the “Day of Silence, ” as a way of peacefully rpondg to other stunts wearg shirts wh msag supportg homosexual behavr. Nqua Valley High School hman Alexanr Nuxoll and senr Heidi Zameik filed a lawsu agast Indian Prairie School District claimg their First Amendment rights were vlated after Zameik was told to remove her “Be Happy, Not Gay” T-shirt April 2006.

T-SHIRT SE CID: “BE HAPPY, NOT GAY” ALLOWED SCHOOL

Zameik wore the shirt opposn to the annual, natnwi “Day of Silence, ” which supports gay rights. The school is appealg the parts of an April 29, 2010, summary judgment that found Zameik and Nuxoll were entled to $25 each nomal damag and an junctn allowg them to display the “Be Happy, Not Gay” msage.

Circu Court of Appeals stcted the district urt to orr the Nqua Valley High School to spend s ban on the “Be Happy, Not Gay” T-shirt while a civil rights lawsu the se proceeds. I have seen this issue ls of a ee-speech matter (you n go outsi and say, “Be happy, not gay” and no one will arrt you), but how much school admistrators n lim speech the service of school orr. A feral appeals urt is upholdg a stunt's right to wear a T-shirt that promot a Christian viewpot on the issue of homosexualy.

One day after the pro-homosexual "Day of Silence" 2007, admistrators at Nqua Valley, Illois, High School orred senr Heidi Zameik to ver the msage "Be Happy, Not Gay" on her T-shirt -- although stunts had been allowed to wear T-shirts wh msag celebratg homosexualy the prev day.

'BE HAPPY, NOT GAY': 7TH CIR. CLEARS WAY FOR T-SHIRTS WH POTED MSAGE

"He's able to e the T-shirt statg, 'Be Happy, Not Gay, ' as a way of munitg his firm Christian belief that homosexual behavr do not lead to happs, " says Kellum. "Up and until this relief that we received om the urt, Alex was not able to share the Christian viewpot on this very important issue, " he clarifi, "even though you had a whole day set asi -- lled the 'Day of Silence' -- which the school would actually support a msage promotg homosexual behavr, " Kellum admonish. Circu Court of Appeals prevly led that a stunt did not have the right to wear a T-shirt opposg homosexual behavr on relig grounds.

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The se revolved around the Indian Prairie School District, which prohibed high school stunts om exprsg their relig views about homosexual behavr on t-shirts. The urt rejected Indian Prairie’s argument that school officials uld jtifiably put the First Amendment asi and censor t-shirts wh the msage “Be Happy, Not Gay” to prevent some stunts’ om havg their feelgs hurt.

TAG: BE HAPPY NOT GAY

In April 2006, Heidi Zameik, a stunt at Nqua Valley High School Naperville, wore a T-shirt to school wh the msage “Be Happy, Not Gay.

” The school had permted other stunts the prev day to wear shirts showg support for homosexual behavr as part of the “Day of Silence, ” an event promoted by the Gay, Lbian, Straight Edutn Network.

” However, the an did not abi by the agreement and stead had a female unselor cross the words “Not Gay” off Zameik’s shirt so simply read “Be Happy.

BE HAPPY NOT GAY