District Orred to Allow Stunt's Anti-Gay T-Shirt

Contents:

• NOT GAY AS IN HAPPY T-SHIRT
• NOT GAY AS IN HAPPY QUEER AS IN FREE PALTE
• STUNT WS INJUNCTN TO WEAR ‘BE HAPPY, NOT GAY’ T-SHIRT AT SCHOOL
• FERAL COURT BACKS STUNTS’ ‘BE HAPPY, NOT GAY’ SHIRTS
• APPEALS URT UPHOLDS STUNTS' RIGHT TO WEAR ‘BE HAPPY, NOT GAY’ SHIRTS
• IM NOT GAY T-SHIRTS
• ILLOIS SCHOOL MT ALLOW “BE HAPPY, NOT GAY” T-SHIRT
• DISTRICT ORRED TO ALLOW STUNT’S ANTI-GAY T-SHIRT
• ADF ATTORNEYS AGA ASK URT TO STOP BAN ON “BE HAPPY, NOT GAY” T-SHIRT AT ILLOIS SCHOOL
• COURT UPHOLDS 'BE HAPPY, NOT GAY' T-SHIRT
• NOT GAY BUT SUPPORTIVE T-SHIRTS & SHIRTS
• NUXOLL V. INDIAN PRAIRIE SCHOOL DISTRICT: “”BE HAPPY, NOT GAY” T-SHIRT PROTECTED BY FIRST AMENDMENT

NOT GAY AS IN HAPPY T-SHIRT

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NOT GAY AS IN HAPPY QUEER AS IN FREE PALTE

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A stunt who was allegedly sent home for wearg a shirt statg “homosexualy is a s” is now sug her Tennsee school district for vlatg her First Amendment rights and eedom of relign unr state law. The 7th Circu has prevly led that “ vlat the First Amendment to force a stunt to change out of a T-shirt wh the msage: ‘Be happy, not gay, ’” Frank LoMonte, director of the Universy of Florida’s Brechner Center for Freedom of Informatn and longtime head of the Stunt Prs Law Center, wrote an email Tuday.

Prcipal Richard Melton told Penkoski that his dghter’s shirt had a sexual nnotatn bee of the word “sex” homosexualy, makg appropriate for school.

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

The su claims that the past year, stunts wore a “Virgy Rocks” shirt and sho wh a pro-homosexualy symbol and didn’t get punished. 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.

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

“A school that perms advocy of the rights of homosexual stunts nnot be allowed to stifle cricism.

“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”. 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.

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

“ ‘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.

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.

IM NOT GAY T-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.

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

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.

DISTRICT ORRED TO ALLOW STUNT’S ANTI-GAY T-SHIRT

“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. 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. “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. 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.

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

“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.

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

“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. A feral appeals urt has orred an Illois school district to allow a stunt to wear a T-shirt proclaimg “Be Happy, Not Gay” to prott a high school event meant to promote tolerance of gay stunts. Court of Appeals for the 7th Circu, Chigo, led unanimoly on April 23 that the stunt was entled to a narrow junctn allowg that specific msage, bee school officials had stretched the district’s policy agast rogatory ments “too far” by forcg the letn of “Not Gay” om such a shirt a prev skirmish over the event lled the Day of Silence.

“ ‘Be Happy, Not Gay’ is only tepidly negative; ‘rogatory’ or ‘meang’ seems too strong a characterizatn, ” Judge Richard A. Posner said an opn for himself and another judge on the lg was timed to allow Alexanr Nuxoll, a sophomore at Nequa Valley High School Naperville, Ill., to wear the shirt durg an event lled the Day of Tth, which is promoted by the Alliance Defense Fund, a relig-eedom group, as a rponse to the Day of Day of Silence, promoted by the Gay, Lbian, and Straight Edutn Network, or GLSEN, was schled for Friday, April 25, while the Day of Tth was beg promoted by the ADF for Monday, April 28.

NOT GAY BUT SUPPORTIVE T-SHIRTS & SHIRTS

“People do not have a legal right to prevent cricism of their beliefs or, for that matter, their way of life, ” the judge, the junctn applied only to the “Be Happy, Not Gay” T-shirt, and did not broadly strike down the school district’s speech regulatns. Nuxoll any guidance on the legaly of stronger anti-gay msag he has suggted he might wish to nvey Posner’s suggtn his opn that high school stunts uld make only a “most” ntributn to the marketplace of ias drew a rebe om U. Circu Judge Ilana Rovner, who also voted to grant the junctn, said a ncurrg opn that “youth are often the vanguard of social change” and “are leadg a broad, societal change attu towards homosexuals.

A versn of this article appeared the April 30, 2008 edn of Edutn Week as District Orred to Allow Stunt’s Anti-Gay T-Shirt.

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.

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

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.