Skip to comments.Anti-gay shirt fight continues
Posted on 01/11/2008 2:12:48 PM PST by Lorianne
Attorneys for a Neuqua Valley High School student from Bolingbrook fighting the school's ruling that he cannot wear an anti-gay T-shirt are hoping the third time will be the charm.
Twice, Neuqua sophomore Alexander Nuxoll of Bolingbrook has filed for an injunction that would suspend "the school's policy that allows speech in favor of homosexual conduct, but bans speech critical of homosexual conduct," said his attorney, the Alliance Defense Fund's Jonathan Scruggs.
And twice now courts have denied that request.
Now, Nuxoll and his legal counsel are set to seek an appeal of these decisions.
"We hope to have an expedited review and have a decision from the Seventh Circuit vindicating our client's rights before the (April 25) Day of Silence so that he can speak and express his viewpoint then," Scruggs said.
Day of Silence
This case arose two years ago after Neuqua students' varied recognitions of the annual Day of Silence, during which students are allowed to not talk throughout the school day unless doing so interferes with their grades. Sponsored by the school's Gay/Straight Alliance, the day is intended to "echo" the silence that students who are gay face all the time. During the Day of Silence, students often wear written messages on shirts, buttons and stickers showing their support of peers who are gay. Two years ago, though, Heidi Zamecnik, then a junior at Neuqua, decided to wear her own, homemade T-shirt expressing her sentiments on homosexuality. She wore it the day after the Day of Silence, which some call the Day of Truth. The shirt said, "My Day of Silence, Straight Alliance," on the front and "Be happy, not gay" on the back. According to the federal lawsuit Zamecnik filed against Indian Prairie District 204 board and various district and school administrators, she was told she had to remove the shirt or leave school because some students and staff found it offensive.
Zamecnik has since graduated, but Nuxoll, now a sophomore, and the Alliance Defense Fund are still trying to suspend the school's policy on these T-shirts until the students' federal court case can be settled. "The (school) board and school administrators have engaged in a considerable effort to create a positive and tolerant school environment with an emphasis on respectful attitudes and discourse," Federal Judge William T. Hart said in his April 17 ruling in favor of the district.
And then-District 204 Superintendent Howie Crouse said the court's decision noted the district was not trying to suppress the plantiff's views, but was "favoring tolerance," which the court determined was "... a reasonable promotion of the school's basic educational mission."
Then they failed. They're not tolerant at all.
What did Alexander Nuxoll’s shirt say? And why have his First Amendment rights been rescinded?
I find it offensive that some students and staff are offended.
My being offended trumps their being offended (because I say so).
Off with their shirts (only the good looking ones)
I take it we are now in a state where simple disagreement with a PC-protected class is considered offensive.
So how are they supposed to get attention by not talking about non-necessary-for-grades things? I used to do that all the time and I usually got my existance noticed even less, so how are these kids supposed to raise awareness or anything by doing something that inherently lowers peoples’ awareness of them? There’s a gap in their logic somewhere...
Seems like a positive message to me. The t-shirt could have said far worse.
Suppressing the free expression of others is so gay. And so liberal.
So let me get this Bizzaro world statement right. If they are intolerant to an opposing view on a t-shirt, that's being tolerant.
yes we are, whether schools websites like city data or even just in public.
the left likes to harp on about tolerance and open-ness but when you go against their view it’s the left who wants to shut you up, name call you and then be intolerant of others views.
I remember a case a few years ago where a boy decided to have a t shirt saying straight and proud , he wore it because a homosexual kid had gay and proud, well the gay kid was allowed to wear the shirt the straight kid wasn’t.
how many times do we hear groups like NOW say a woman should be alowed to do what ever she wants(I agree) but as soon as a woman strips they are the first to tell her to stop doing it
Disgusting what the leftist nazis are doing.
it is disgusting
I am 39 and warn my 3 kids of the dangers of the looney left, how they want to silence you, how they attack you physically.
My oldest being 10 has stood up in class, has nevr backed down form his beliefs and has conviction
We live in a intolerant world where the left imposes their radical views on the public of course they have the media to help them push their agenda
I think that in the case of children (not adults) in a highly regulated school environment, the First Amendment isn't applicable to the extent it is to adults in open society. Children should be told what they should not wear and what length of hair and style is acceptable. They're children, for crying out loud! But I also don't believe school administrators should take sides. Personally, I believe neither the homo-advocates nor the straight (normal) students should be allowed to participate in these disruptive, "offensive" debates in school.