A conservative group has filed suit in federal court on behalf of a California high school student suspended for wearing an anti-gay T-shirt and allegedly told to leave his faith "in the car."
The lawsuit against the Poway Unified School District claims that Tyler Chase Harper, 16, was suspended for refusing to change out of a homemade T-shirt that on the front read, "Be Ashamed" and "Our School Embraced What God Has Condemned," and on the back read, "Homosexuality is Shameful" and "Romans 1:27."
According to his lawyer, reports the Christian Examiner, the school's action violated Harper's constitutionally protected freedom of religion because Harper has a "religious viewpoint that...homosexuality is not acceptable." Harper wore the T-shirt in protest of the "Day of Silence," an event sponsored by the Gay, Lesbian and Straight Education Network. His lawyer says he "believes the event was school-sponsored in conjunction with a student Gay-Straight Alliance."
I'm all for freedom of expression, but public schools restrict speech and behavior in all sorts of ways in order to maintain civility. Children are minors and public schools are government outposts; the rights of adults in civil society don't pertain here. I don't think there would be an issue about the suspension if Harper was expressing his Christian beliefs by wearing a T-shirt that said "Jews will burn in hell" during an event focusing on religious diversity.
Still, as NBC online
reports, even some gay groups grudgingly agree with
Harper:
"Those were hurtful comments and they are painful to see, but it's also necessary to recognize the importance of the constitutional protection," said Richard Valdez, a Lesbian, Gay, Bisexual and Transgendered Association Center spokesman.
The actual nature of the "Day of Silence" event and its
sponsorship may be relevant here. Public schools (that is, the
government) can't force students to embrace ideas that violate
their religious beliefs (unless their religion is far out of the
mainstream and advocates criminal behavior). On the other hand,
schools rightly should teach the need for those who differ to
respect each other's rights and disagree civilly, and justly limit
hurtful expressions that denigrate other students (again, "Jews
will burn in hell" would not be allowed at most public
schools).