Posted on 10/15/2009 12:42:14 PM PDT by jessduntno
Student sues for right to wear pro-life shirt OneNewsNow - 10/15/2009 6:40:00 AM
A Pennsylvania boy is in a legal battle with his school over his pro-life T-shirt.
The boy, a student of Crossroads Middle School in Lewisberry, decided to share his pro-life views with his classmates on the same day in early September that President Barack Obama addressed students nationwide. David Cortman, senior counsel with Alliance Defense Fund, explains what happened to his client.
"[H]e wore a T-shirt on that day basically stating that abortion is not healthcare -- and based on the school district's policies, he was made to remove his T-shirt," says the attorney.
The school's policy does provide for students' right of free speech which is protected by the Constitution. But there is one catch, according to Cortman.
"[T]his specific policy prohibits a student from -- listen to this -- 'seeking to establish the supremacy of a particular religious point of view,'" Cortman says.
The attorney says that policy effectively bans students from expressing their religious views or what they believe to be true -- whether verbally or on a T-shirt. Cortman believes that to be unconstitutional, so a lawsuit has been filed against the school.
(Excerpt) Read more at onenewsnow.com ...
“[T]his specific policy prohibits a student from — listen to this — ‘seeking to establish the supremacy of a particular religious point of view,’” Cortman says.
So being against abortion makes you a religious “fanatic” of some sort?
If the school had a dress code/ uniforms, and thus barred ALL worn items (outside of the uniform code) that expressed anything, then fine, make the kid take off ANY out-of-policy message, no matter what. That’s ok because it’s “content neutral.”
This, however, is not. Obviously he would have been allowed to wear a shirt saying “Abortion IS health care” or “Keep Abortion Legal.” Mustn’t allow any contrary views ...
Sounds like the school is run by a typical gang of functional illiterates. The Constitution forbids the government from establishing the supremacy of a religion; the government, not the individual. The idea is to protect the citizen from the government, not vice versa.
True sttatement -- ans if that is all it said then what is the religious objection?
According to the local news media (York PA Daily Record) the student had worn the shirt without incident until his fifth period teacher feared that it “might be disruptive” and sent him to the office.
ANYTHING “might be disruptive”. Even a plain white t-shirt could be offensive to someone with blancophobia.
Sounds like a shirt mentioning Jesus, or simply that has a cross on it, would fall under this prohibition....
Sounds like a clear violation of the “free exercise” clause.
5th period teacher had an abortion as a younger woman...
I’d bet on it.
“Sounds like a clear violation of the “free exercise” clause.”
I think it is...someone notify the Attorney Ge...oh shit...
Nichole’s social studies class will watch the inauguration on Tuesday and scan the crowd for her, teacher Nancy Wilson said. “I don’t think they could have picked anyone better,” she said. Wilson has helped her students follow the historic campaign. They watched the news, discussed each candidate’s platform and held a mock election.
I’d say the plain white t-shirt has a track record of being much more disruptive.
Here in Chitcago, a dress-length plain white t-shirt is the costume of choice for young potential-honor-student dropouts on the way to turning their lives around (just as soon as they finish their fourth or fifth violent felony).
IIRC the 5th period teacher was male.
Maybe a transgendered male who had an abortion when “he” was a “she”?
Just sayin’.
Well, he got to fifth period class without anyone threatening to kill him or burn down the school. Perhaps it’s only disruptive to her. Hope she winds up as a defendant.
Father sues West Shore schools over son’s anti-abortion T-shirt
CARL LINDQUIST The York Dispatch
Posted: 10/08/2009 10:49:09 AM EDT
A father alleges in a federal lawsuit that his son’s rights to free speech and religious expression were violated in September when Crossroads Middle School officials forced him to turn an anti-abortion T-shirt inside-out.
William Boyer filed a lawsuit Monday on behalf of his son, identified as E.B., against the West Shore School District.
He argues the New Cumberland boy’s First and Fourteenth Amendment rights were violated when he wore a T-shirt that read “Abortion is not healthcare” to the Fairview Township middle school on Sept. 8 and was forced to turn it inside out.
Boyer argues the school’s policies on dress and student expression are too broad and give district officials “unbridled discretion” to permit or refuse speech. He argues the district discriminated against his son because of his views.
“The way they are written, it just catches way, way too much in the net,” Boyer’s attorney, Randall Wenger, said of the policies.
Boyer is seeking an injunction against the district from enforcing policies that restrict his son’s freedom of religious expression and a judgment declaring the policies invalid.
The lawsuit also asks a judge to order the school district to eliminate any reference to disciplinary action taken against the boy and for the district to pay the boy’s litigation expenses and damages for the violation of his rights.
The school district has not filed a formal response to the lawsuit.
West Shore spokeswoman Crista DeGregorio said the district declined to comment.
Christian: The lawsuit states the boy is a “Bible-believing” Christian who wanted to express his views about abortion during a time when the nation is debating health care, and whether government funds should be used to finance abortions, according to the lawsuit. He wore the shirt on the day President
Obama spoke to students across the country on a video message.
The boy was sent to the principal’s office after his fifth-period teacher raised questions about whether his T-shirt was appropriate, according to the lawsuit. He was subsequently sent to the nurse’s office to turn the T-shirt inside-out.
The lawsuit alleges, among other claims, the shirt had not caused a disruption and did not interfere with educational activity at the school. It argues the district should not have taken action against his son solely because of concern over a possible reaction.
— Reach Carl Lindquist at 505-5432 or clindquist@
yorkdispatch.com.
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