Longtime readers may recall the case of Poway High School student Taylor Harper’s T-shirt protesting the “Day of Silence” pro-gay rights event approved by the school.
After years of litigation, the Supreme Court finally got the case, decided it was moot (Harper had graduated), but still vacated the 9th Circuit’s decision upholding the district’s decision to suspend Harper based on his opposition to gay rights.
Earlier this week the 7th Circuit got the law right.
The court had rejected Indian Prairie School District 204’s argument that school officials could prohibit students from wearing the shirts to prevent some students from having their feelings hurt.
In its opinion, the court said a “school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality.”
“The school argued (and still argues) that banning ‘Be Happy, Not Gay’ was just a matter of protecting the ‘rights’ of the students against whom derogatory comments are directed,” the court said. “But people in our society do not have a legal right to prevent criticism of their beliefs or even their way of life.”
This really isn’t difficult—except for politically correct public school administrators.