Judge Upholds Illinois School's Ban on 'Be Happy, Not Gay' Shirt

THL · 10-20-2007, 17:12 PM

Quote:

CHICAGO — Two Neuqua Valley High School students won't be able to wear T-shirts saying "Be Happy, Not Gay," to school on Thursday following a judge's ruling.

U.S. District Judge William T. Hart ruled in favor of the high school Tuesday in a preliminary injunction that would have allowed the students to wear the shirts the day after Wednesday's National Day of Silence.

On the Day of Silence, students can refrain from speaking as an effort to protest discrimination against homosexuals.

The Arizona-based Alliance Defense Fund is representing Heidi Zamecnik of Naperville and Alexander Nuxoll of Bolingbrook in a lawsuit that claims Zamecnik's rights were violated last year when she wasn't allowed to wear the shirt in school.

The Alliance Defense Fund, a conservative Christian litigation group, will appeal the judge's decision on the preliminary injunction to the 7th Circuit Court of Appeals, attorney Jonathan Scruggs said. The lawsuit is still pending.

Scruggs said the school is violating the students' rights to free speech by banning the shirt.

"The school cannot silence speech merely because some people find it offensive," Scruggs said. "We believe that's the core of what the First Amendment protects."

Jack Canna, an attorney for Indian Prairie Unit School District 204, said banning the shirt is part of a policy "to preserve the notion that kids shouldn't make negative or derogatory comments about other students."

Messages left by The Associated Press with the Indian Prairie Unit School District 204 and Neuqua Valley High School were not immediately returned Wednesday morning.

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I wonder how this would have played out different if the shirt had been worn by a gay student and read "Be Happy And Gay"?

Bigfella · 10-20-2007, 18:07 PM

Quote:

Originally Posted by THL

I wonder how this would have played out different if the shirt had been worn by a gay student and read "Be Happy And Gay"?

Wrong comparison THL. The T-shirts were clearly designed to be anti-homosexual. What if the shirts had said 'Be Happy, not Black', or 'Be Happy, not Jewish', or perhaps more to the point 'Be Happy, not a bigoted redneck Christian'? Same diff.

Having been forced to abandon racial segregation (with exceptions) some evangelical groups have latched onto this new exclusionist agenda with as much fervour (spare me the biblical quotes folks, I don't care). In this quest they have created an unholy alliance with the Catholic Church. They have decided to argue that the act of treating someone they disagree with as an equal is somehow discriminating against them. They are determined to ensure that homosexuals are treated as second class citizens.

The shirts in question were clearly a part of this campaign. I'm pretty sure that schools are allowed to place some limits on the exercise of free speech. Banning speech that supports bigotry & discrimination would seem to be a reasonable limit in that environment.

gunnut · 10-20-2007, 18:46 PM

Quote:

Originally Posted by Bigfella

Wrong comparison THL. The T-shirts were clearly designed to be anti-homosexual. What if the shirts had said 'Be Happy, not Black', or 'Be Happy, not Jewish', or perhaps more to the point 'Be Happy, not a bigoted redneck Christian'? Same diff.

Having been forced to abandon racial segregation (with exceptions) some evangelical groups have latched onto this new exclusionist agenda with as much fervour (spare me the biblical quotes folks, I don't care). In this quest they have created an unholy alliance with the Catholic Church. They have decided to argue that the act of treating someone they disagree with as an equal is somehow discriminating against them. They are determined to ensure that homosexuals are treated as second class citizens.

The shirts in question were clearly a part of this campaign. I'm pretty sure that schools are allowed to place some limits on the exercise of free speech. Banning speech that supports bigotry & discrimination would seem to be a reasonable limit in that environment.

So you think "be happy and gay" would be OK on a tshirt?

How about "be happy and christian?" Would that be OK or do you think it would violate the "seperation of church and state" clause? How about "be happy and black?"

Tarek Morgen · 10-20-2007, 18:59 PM

Quote:

Originally Posted by gunnut

So you think "be happy and gay" would be OK on a tshirt?

How about "be happy and christian?" Would that be OK or do you think it would violate the "seperation of church and state" clause? How about "be happy and black?"

I at least would not have any problems with any of those you suggested. (They do not critizise someone else race/religion/sexual-orientation, they simply "endorse" the own one. As long as they don't start preaching about it too I have no problem with it...though..how should opne try to preach to be black?).

gunnut · 10-20-2007, 19:15 PM

How about "be happy and straight?" That should have been the slogan on that tshirt in the original story. It would be easier to defend as "not hateful."

Tarek Morgen · 10-20-2007, 19:40 PM

Quote:

Originally Posted by gunnut

How about "be happy and straight?" That should have been the slogan on that tshirt in the original story. It would be easier to defend as "not hateful."

fine with me (if again it is not accompied with any sort of preaching)

THL · 10-20-2007, 20:00 PM

Quote:

Originally Posted by Bigfella

Wrong comparison THL. The T-shirts were clearly designed to be anti-homosexual.

I understand that they were meant to be anti-gay.....and a shirt that reads "Be Happy and Gay" would just be from the other side. Maybe not "anti-straight, but to show that one can be happy AND gay.

Bigfella · 10-21-2007, 04:52 AM

Quote:

Originally Posted by gunnut

So you think "be happy and gay" would be OK on a tshirt?

How about "be happy and christian?" Would that be OK or do you think it would violate the "seperation of church and state" clause? How about "be happy and black?"

I actually think that the smart move would be to ban all shirts that involve social, political or religious comment from the school. School is hard enough without people running exclusionist agendas.

This would no doubt lead to the banning of shirts that many people think are fine, but there are plenty of places in the world where people, even schoolkids, can campaign for or against stuff. Schools have enough problems just providing formal education.

gunnut · 10-21-2007, 06:13 AM

Quote:

Originally Posted by Bigfella

I actually think that the smart move would be to ban all shirts that involve social, political or religious comment from the school. School is hard enough without people running exclusionist agendas.

This would no doubt lead to the banning of shirts that many people think are fine, but there are plenty of places in the world where people, even schoolkids, can campaign for or against stuff. Schools have enough problems just providing formal education.

I think eventually we'll have schools with uniforms.

glyn · 10-21-2007, 07:32 AM

Quote:

Originally Posted by gunnut

I think eventually we'll have schools with uniforms.

I had them all through my schooling, and at college we had to wear blazers with the crest on the breast pocket. I note more schools here in the UK are belatedly insisting on uniforms for their pupils.

I don't know why they went out of fashion in the first place.

Trooth · 10-21-2007, 07:53 AM

It would be difficult to be offended by "be happy and gay" because of course gay can mean happy (Which is part of the pun of "be happy not gay").

I too had a school uniform as a child in both schools i attended. Was very good. It also made the kids a little bit more accountable for their rambuctiousness after school.

Gun Grape · 10-21-2007, 12:08 PM

When did we forget that school is the place to learn and not the place to express your beliefs through a T-shirt.

Every one of the slogans that were mentioned could be disruptive.

Want to express you feelings about X? Take a debate class.

If not uniforms, than a dress code.

sappersgt · 10-21-2007, 13:10 PM

Quote:

Originally Posted by gunnut

I think eventually we'll have schools with uniforms.

I had uniforms in school. It did solve any problem you had about what to wear. When I got older I traded a uniform for a suit which in itself was a uniform.

10-21-2007, 07:53 AM	#11 (permalink)
Trooth *Senior Contributor* Join Date: 11-23-03 Posts: 2,110 Country:	It would be difficult to be offended by "be happy and gay" because of course gay can mean happy (Which is part of the pun of "be happy not gay"). I too had a school uniform as a child in both schools i attended. Was very good. It also made the kids a little bit more accountable for their rambuctiousness after school. __________________ The world as it should be at surrealscoop.blogspot.com

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10-20-2007, 19:15 PM	#5 (permalink)
gunnut *Senior Contributor* Join Date: 01-27-06 Location: DPRK, Democratik People's Republik of Kalifornia Posts: 10,209 Country:	How about "be happy and straight?" That should have been the slogan on that tshirt in the original story. It would be easier to defend as "not hateful."

10-21-2007, 12:08 PM	#12 (permalink)
Gun Grape Resident Curmudgeon *Military Professional* Join Date: 03-12-05 Location: Panama City Fl Posts: 2,884	When did we forget that school is the place to learn and not the place to express your beliefs through a T-shirt. Every one of the slogans that were mentioned could be disruptive. Want to express you feelings about X? Take a debate class. If not uniforms, than a dress code.

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