Appeals urt upholds stunts' right to wear ‘Be Happy, Not Gay’ shirts - Stunt Prs Law Center

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.

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

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.

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

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. 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.

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

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.

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

”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.

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

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.

“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.

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

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.

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

Daily Herald: “Court upholds District 204 stunts’ right to wear anti-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.

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

“As one would expect a school the size of Nqua Valley High School, there have been cints of harassment of homosexual stunts.

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

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. 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.

TAG: BE HAPPY NOT GAY

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.

) This was back 2006 — and Nqua Valley High School admistrators forced her to take a marker and black out the “Not Gay” part.

BE HAPPY NOT GAY

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?