Nuxoll v. Indian Prairie School District: “”Be Happy, Not Gay” T-Shirt Protected By First Amendment | Femist Law Profsors

Contents:

• FERAL COURT BACKS STUNTS’ ‘BE HAPPY, NOT GAY’ SHIRTS
• HEIDI ZAMEIK’S ‘BE HAPPY, NOT GAY’ T-SHIRT IS PERFECTLY FE SCHOOL APPAREL, FERAL APPEALS COURT SAYS
• COURT UPHOLDS 'BE HAPPY, NOT GAY' T-SHIRT
• 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
• LAWSU ARGU THAT STUNT CAN 'BE HAPPY, NOT GAY'
• ADF ATTORNEYS AGA ASK URT TO STOP BAN ON “BE HAPPY, NOT GAY” T-SHIRT AT ILLOIS SCHOOL
• 'BE HAPPY, NOT GAY': 7TH CIR. CLEARS WAY FOR T-SHIRTS WH POTED MSAGE
• APPEALS URT HEARS BATE ON 'BE HAPPY, NOT GAY' T-SHIRT
• DPE PARTIAL SETTLEMENT, ‘BE HAPPY, NOT GAY’ T-SHIRT SE NTU
• ILLOIS SCHOOL MT ALLOW “BE HAPPY, NOT GAY” T-SHIRT
• BE HAPPY NOT GAY MEN'S LONG SLEEVE T-SHIRTS
• NUXOLL V. INDIAN PRAIRIE SCHOOL DISTRICT: “”BE HAPPY, NOT GAY” T-SHIRT PROTECTED BY FIRST AMENDMENT

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

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”.

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

Stunt Prs Law Center: “Appeals urt upholds stunts’ right to wear ‘Be Happy, Not Gay’ shirts”.

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.

COURT UPHOLDS '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, ” 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.

”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. 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.

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

) 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.

STUNT WS INJUNCTN TO WEAR ‘BE HAPPY, NOT GAY’ T-SHIRT AT 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 (CBS) - A feral appeals urt has led that school officials Naperville were not jtified forbiddg a stunt om wearg an anti-gay T-shirt.

LAWSU ARGU THAT STUNT CAN 'BE HAPPY, NOT GAY'

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.

In an environment that eely allows speech that promot homosexual behavr, the school simply nnot shut out the opposg viewpot. Circu Court of Appeals Chigoupheld a permanent junctn Tuday allowg high school stunts to displaya msage cril of homosexualy.

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

“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.

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

APPEALS URT HEARS BATE ON 'BE HAPPY, NOT GAY' T-SHIRT

“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. 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.

Attorneys om a legal alliance that fends the right to hear and speak the "Tth" filed a lawsu this week, jtifyg an Illois stunt's entlement to wear a T-shirt opposg homosexualy at Alliance Defense Fund (ADF) legal unsels are fendg Heidi Zameik, a stunt at Nqua Valley High School Naperville, Ill., about 30 wt of Chigo, whose anti-homosexualy shirt was censored by school officials, followg a day when the school had allowed stunts to wear pro-gay T-shirts. 20, 2006, Zameik me to school wh the msage "Be Happy, Not Gay" wrten on her cloth opposn to the "Day of Silence" which had been observed the day before.

The event – promoted by the Gay, Lbian, Straight Edutn Network – enurag stunts on that date to show their support for homosexuals, drawg attentn to the discrimatn that they face school.

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

Zameik, who disagre wh the promotn of homosexualy, created her own shirt an attempt to unter the was then lled to the school's office durg lunch hour where she met wh Dean Bryan Wells, who sisted that she remove the shirt or she would be sent a nversatn wh the stunt's mother, the three agreed to change the statement to "Be Happy, Be Straight.

" However, the an later stcted a female unselor to cross out the words "Not Gay" off the outf, so would read "Be Happy" stead, acrdg to ADF.

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.

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

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.

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. Poilievre tells T to 'butt out' of New Bnswick's policy on LGBTQ stuntsPoilievre wish Canadians a happy Pri month — but won't say if he'll attend an eventThe "straight pri" movement has emerged recent years as a backlash agast growg social acceptance of gay, lbian, bisexual, transgenr and other sexually diverse Pri paras are held around the world throughout the summer months.

They mark the June 1969 Stonewall rt, when gay bar patrons fought back agast a police crackdown — a pivotal moment wily seen as the start of morn gay rights paras are meant to celebrate a muny that has endured generatns of opprsn and events have taken on new promence at a time when some jurisdictns, notably the U. "Poilievre's adoptive father is posg his shadow bet Parliament, Poilievre picked a lbian and a gay man for two proment posns. A feral appeals urt heard arguments om attorneys today that uld terme whether a Nqua Valley High School sophomore will be allowed to wear a prevly banned anti-gay T-shirt at school.

BE HAPPY NOT GAY MEN'S LONG SLEEVE T-SHIRTS

The expeded appeals hearg was requted bee of Alexanr Nuxoll's sire to wear a shirt bearg the msage "Be Happy, Not Gay" durg April 28's Natnal Day of Tth at his Naperville school. The Christian-based event follows the pro-gay Natnal Day of Silence held this year April 25.

School officials said the anti-gay T-shirt is rogatory to a segment of the stunt body and a disptn of all stunts' tn. "It don't lim the msage to gays; uld be about blacks and Jews or anyone else.

Thomas Canna, the school district's attorney, said the event that spawned the bate "promot tolerance; 's not necsarily advotg homosexualy.

NUXOLL V. INDIAN PRAIRIE SCHOOL DISTRICT: “”BE HAPPY, NOT GAY” T-SHIRT PROTECTED BY FIRST AMENDMENT

"It's jt a pun bee gay once meant happy.

In his closed-door posn last month, Ziegler told lawmakers that he is gay, and phed back agast the notn om some right-wg figur that his sexual orientatn fluenc his polics or his job. “People have said, bee I’m gay and that I am workg as the se agent on this vtigatn, that I mt be a far-left liberal, perfectly placed to f some agenda.

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. 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.