Post by sushi on Apr 5, 2008 6:25:37 GMT -6
Appeals court hears debate on 'Be Happy, Not Gay' T-shirt
By Jake Griffin | Daily Herald StaffContact writerPublished: 4/4/2008 2:41 PM | Updated: 4/4/2008
A federal appeals court heard arguments from attorneys today that could determine whether a Neuqua Valley High School sophomore will be allowed to wear a previously banned anti-gay T-shirt at school.
The expedited appeals hearing was requested because of Alexander Nuxoll's desire to wear a shirt bearing the message "Be Happy, Not Gay" during April 28's National Day of Truth at his Naperville school. The Christian-based event follows the pro-gay National Day of Silence held this year April 25.
There is no expected date for a decision, but both sides hope the three-judge panel will make a determination before the both events occur.
A federal judge ruled against Nuxoll last year. The student is represented by Nate Kellum, senior counsel for the Alliance Defense Fund. Indian Prairie Unit District 204 officials offered a compromise with Nuxoll and a student who has already graduated that they could wear shirts that read, "Be Happy, Be Straight," but the students refused. School officials said the anti-gay T-shirt is derogatory to a segment of the student body and causes a disruption of all students' education.
Appellate Judge Richard Posner argued that Kellum's request for an injunction that would ban the school district from censoring language on any T-shirt was too broad.
"How on earth is the school going to live with this?" Posner asked. "It doesn't limit the message to gays; it could be about blacks and Jews or anyone else."
In response, Kellum said it was "appropriate" to limit the language of the injunction request to his client's message.
Thomas Canna, the school district's attorney, said the event that spawned the debate "promotes tolerance; it's not necessarily advocating homosexuality."
Posner said the student's T-shirt message was merely a play on words, used to reinforce their message.
"It's so tepid," Posner said. "It's just a pun because gay once meant happy. It's a joke."
Canna argued that because the message was directed at particular students, it was no laughing matter.
"I don't believe it's a joke at all," he said, "especially for someone struggling with their identity."
The American Civil Liberties Union entered the fray, filing a brief officials there say supports neither side but provides a "path for the court to follow."
"Harassment should be the line," said Adam Schwartz, an ACLU senior staff lawyer. "The court needs to balance the two competing rights."
By Jake Griffin | Daily Herald StaffContact writerPublished: 4/4/2008 2:41 PM | Updated: 4/4/2008
A federal appeals court heard arguments from attorneys today that could determine whether a Neuqua Valley High School sophomore will be allowed to wear a previously banned anti-gay T-shirt at school.
The expedited appeals hearing was requested because of Alexander Nuxoll's desire to wear a shirt bearing the message "Be Happy, Not Gay" during April 28's National Day of Truth at his Naperville school. The Christian-based event follows the pro-gay National Day of Silence held this year April 25.
There is no expected date for a decision, but both sides hope the three-judge panel will make a determination before the both events occur.
A federal judge ruled against Nuxoll last year. The student is represented by Nate Kellum, senior counsel for the Alliance Defense Fund. Indian Prairie Unit District 204 officials offered a compromise with Nuxoll and a student who has already graduated that they could wear shirts that read, "Be Happy, Be Straight," but the students refused. School officials said the anti-gay T-shirt is derogatory to a segment of the student body and causes a disruption of all students' education.
Appellate Judge Richard Posner argued that Kellum's request for an injunction that would ban the school district from censoring language on any T-shirt was too broad.
"How on earth is the school going to live with this?" Posner asked. "It doesn't limit the message to gays; it could be about blacks and Jews or anyone else."
In response, Kellum said it was "appropriate" to limit the language of the injunction request to his client's message.
Thomas Canna, the school district's attorney, said the event that spawned the debate "promotes tolerance; it's not necessarily advocating homosexuality."
Posner said the student's T-shirt message was merely a play on words, used to reinforce their message.
"It's so tepid," Posner said. "It's just a pun because gay once meant happy. It's a joke."
Canna argued that because the message was directed at particular students, it was no laughing matter.
"I don't believe it's a joke at all," he said, "especially for someone struggling with their identity."
The American Civil Liberties Union entered the fray, filing a brief officials there say supports neither side but provides a "path for the court to follow."
"Harassment should be the line," said Adam Schwartz, an ACLU senior staff lawyer. "The court needs to balance the two competing rights."
