Judge rules in favor of student thrown out of class for saying he doesn’t support gay lifestyle

LifeSiteNews ^ | 7-16-13 | Thaddeus Baklinski

[ReformationFan]

A judge has ruled in favor of a student who sued after he was thrown out of class by a gay activist teacher for expressing his religious beliefs against the homosexual lifestyle.

Federal District Judge Patrick J. Duggan of the Eastern District of Michigan declared the teacher’s actions in punishing Daniel Glowacki violated his First Amendment Rights.

"While the Court certainly recognizes that schools are empowered to regulate speech to prevent students from invading the rights of other students, people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life," Judge Duggan stated in his decision.

"Simply put, the law does not establish a generalized hurt feelings defense to a high school’s violation of the First Amendment rights of its students."

[ReformationFan]

Some good news(relatively speaking) for today although Daniel Glowacki never should've had to endure this treatment in the first place.

[IronJack]

Precedent ...?

[wideawake]

Good for Daniel, but was the Nazi teacher fired?

[Lurker]

Good. Now bankrupt this idiot “teacher” and the district that hired him.

[jazusamo]

Good for Daniel Glowacki and this sane federal judge.

[rktman]

There is hope. There is, there really is. Well until some asshat judge up the line over-rules.

[Thorliveshere]

Good!

[dontreadthis]

from what I’ve seen, the kid got lucky

[phormer phrog phlyer]

So has the school be renamed after him?

[OrangeHoof]

If someone is offended by my beliefs on homosexuality, I tell them "Your issue is not with me. Your issue is with God. His Bible says this. I'm just quoting it or paraphrasing it. If that offends you, take that up with God. Tell Him what a homophobe He is. Tell Him that He engages in 'hate speech'. Go ahead. Blaspheme away."

[colorado tanker]

Duggan is an old school Reagan appointee who obviously still thinks we have a First Amendment. Good for him.

[BCW]

pretty bold of the teacher in the first place...I wonder what led him to believe he could such a thing to a student...???

[jazusamo]

It'd be nice to think this idiot teacher paid all costs for Daniel's ordeal and the renaming of the school but it's unlikely.

[max americana]

That’s how it should be...FIGHT BACK!

[TADSLOS]

I’m sure the Obama/Holder JUSTUS Dept will get right on this one. /s

[ExCTCitizen]

A judge has ruled in favor of a student who sued after he was thrown out of class by a gay activist teacher for expressing his religious beliefs against the homosexual lifestyle.

Federal District Judge Patrick J. Duggan of the Eastern District of Michigan declared the teacher’s actions in punishing Daniel Glowacki violated his First Amendment Rights.

Thank you Judge Duggan...Who appointed him to the bench? He sounds sensible!!

[Mamzelle]

Is this Michiganistan? How about when a Muslim says something politically incorrect?

[Tax-chick]

McDowell initiated a discussion about homosexuality when, after telling a female student he was offended by her confederate flag belt buckle and ordering her to remove it, he went on to explain the purple “Tyler’s army” shirt he was wearing was meant to promote tolerance of homosexuality.

The court heard that the teacher specifically asked Daniel about his feelings on homosexuals. When the boy responded that as a Catholic he was offended by the gay and lesbian lifestyle, Daniel was ordered to leave the classroom under threat of suspension.

In other words, the teacher deliberately provoked a confrontation, utterly unrelated to any legitimate pedagogical goal, and then threw the student out when his beliefs were unacceptable.

Nothing will happen to the "teacher," of course, but at least the boy realizes what life is like, now.

[jeffc]

"While the Court certainly recognizes that schools are empowered to regulate speech to prevent students from invading the rights of other students,...

What?

I'm sorry, to me this is like saying there really is no right to free speech. If what you say offends someone - anyone - you no longer have the right to say it.

Sorry judge, my right to free speech is not given to me by you, it's a God given right that you do not have the power to rescind.

[Tax-chick]

The judge didn’t say, “to keep from offending others”; he said, “to prevent ... invading the rights of other students.” Then he specifically said that he did not recognize a “right” to not hear something you didn’t like.

I assume what he had in mind was “invading” another student’s “right” to learn the subjects being taught in school. For example, if one student spend the entire class period screaming obscenities at everyone else, that prevents the educational mission of the school from progressing. In that situation, I think everyone would agree the student should be removed.