Posted on 06/10/2004 1:54:25 PM PDT by Lisa in EC
Christian's message worn at Poway High By Blanca Gonzalez UNION-TRIBUNE STAFF WRITER June 4, 2004
LAURA EMBRY / Union-Tribune Robert Tyler (left) is helping sophomore Tyler Chase Harper sue the Poway school district for allegedly violating the student's civil rights.
POWAY – Tyler Chase Harper is a good student and athlete who likes to surf and has never been in trouble at school. He is also a Christian who believes homosexuality is wrong, and he's suing the Poway Unified School District over a T-shirt proclaiming his beliefs.
"I was appalled that my school would take such a controversial issue and only allow one side to be heard," said Chase, who prefers to go by his middle name, "I presented a message that was scriptural, biblical. I feel like my rights were violated and I had no freedom of speech."
Chase's T-shirt condemning homosexuality was not hate speech, and he should not have been punished by Poway High School, said attorney Robert Tyler of the Alliance Defense Fund.
Tyler, who filed the suit on the Harper family's behalf, said Chase was given a one-day, in-school suspension for refusing to take off a T-shirt that stated "Homosexuality is Shameful" and referenced Romans 1:27 from the Bible.
"The district is asking students to be politically correct, the lawsuit asks that (the district) be constitutionally correct," said Tyler, who claims Poway Unified School District violated Chase's rights to free speech and freedom to exercise his religion.
The 16-year-old at the center of the dispute is a sophomore who likes to play the guitar and lead Bible study sessions. With his blond hair and lithe physique, he could be a typical Southern California surfer heading to the beach.
But yesterday afternoon Chase stood in front of Poway High, facing a slew of news cameras to publicly state his Christian beliefs and tell his story with the help of his father and a few attorneys.
On April 21, Chase wore a T-shirt with an anti-gay message during the school's annual Day of Silence. The national event is held on high school and college campuses to recognize and protest discrimination and harassment against gays, lesbians, bisexuals and transgender students.
Chase wore the T-shirt in response to the event, which he believed endorsed, promoted and encouraged homosexual activity, according to the lawsuit. Chase was not confronted or disciplined April 21, his father said.
The following day, however, was a different story. Chase wore a similar shirt April 22 with the additional message "Be Ashamed" and "Our School Embraced What God Has Condemned." Chase said his teacher, David LeMaster, told him he was in violation of the school's dress code and had to remove the T-shirt or be sent to the office. Chase said he refused to take off the shirt and compromise his beliefs that homosexuality is wrong.
He was later suspended, after refusing requests by several administrators to remove the T-shirt.
District officials, who declined to comment on specifics of the case while it is being reviewed by legal counsel, provided copies of the district's policies on hate behavior, freedom of speech and student dress code.
Poway High's dress code, which is given to each student at the beginning of the year, states that unacceptable dress includes clothing that promotes or portrays "violence or hate behavior including derogatory connotations directed toward sexual identity."
The district's policy on freedom of speech and expression recognizes students' rights to express ideas and opinions through their speech, writing and clothing, but cautions against anything that would "incite students so as to create a clear and present danger . . . of unlawful acts . . . or of the substantial disruption (of school)."
Jordan Budd, legal director for the American Civil Liberties Union in San Diego, said Harper's case may have merit. "The school district is not empowered to censor based on what they deem inflammatory, it has to be based on a constitutional standard."
As long as Chase's T-shirt did not substantially disrupt activities, he had a right to express his political or religious beliefs, said Budd. He said the T-shirt could not be construed as harassment because harassment has to be directed against a particular individual.
According to the lawsuit, Chase was questioned by a deputy sheriff, while he was being detained, and by assistant principal Ed Giles who told him he must "leave his faith in the car" if his religious beliefs are offensive.
Chase said some students on campus who approached him while he was wearing the shirt were "aggressive in their speech" toward him, but he felt a majority of students supported him.
Tyler of the Alliance Defense Fund was joined at the press conference by Kenneth Dickson and Charles LiMandri, two local attorneys who are part of the alliance. The Alliance Defense Fund, which argued against same-sex marriages in San Francisco, defends and advocates for "religious freedom, the sanctity of human life and traditional family values."
Yes, sue for alot of money too. That's the only thing these liberals understand.
You can bet that if he wore a shirt that proclaimed homosexuality as a legitimate form of self expression and a sign of diversity, he would have won some sort of award.
He wears a shirt with the message that homosexuality is shameful (awfully hateful words there!) and he gets in trouble?
If the school allows -gay lib, pedophilia forever, islam is peace, etc, on shirts, then they have no defense.
Personally, they should NOT allow anything on shirts. If they don't like "uniforms" they can demand plain solid color shirts/pants/skirts only.
I wonder if he would have gotten booted it he had worn a shirt that said "Thou shalt not steal".
If he had a T shirt showing someone stomping an American flag that would have been okay.
As far as I'm concerned any T shirts with anything written on them should be banned from high school.
Oh,I forgot,kids have rights too.
Silly me.
He wore the shirt on the DAY OF SILENCE, which the school SUPPORTED as a show of support for homosexuality and other "sexual minorities."
MM
If homosexuality were normal,
none of us would be here.
He'll be up against the same crap in corporate America. I think this is gay polynesian hermaphrodite month, but I have to check with HR.
I wonder if he would have gotten booted it he had worn a shirt that said "Thou shalt not steal".
That is hate language to Democrats. Thou shalt give free lunches and nonsensical reparations is more politically correct. Stealing is a time-honored tradition for DemocRATS. Also you referenced (sneakily) the Deity - which also is not politically correct.
Sue, baby, sue - get that district to pay for your college tuition.
roflol... you kill me!!! Will you come to my next party??? :)
I don't get out to Cali too often, but thanks for the offer :-)
"Free Speech" has morphed into only politically correct expressions of "Free Speech"; of course SCOTUS determined that black arm-bands "protesting" the Vietnam War in Des Moines, Iowas was A-OK. Don't look for any consistency on this sort of thing, only officially approved messages are allowed. Welcome to the New Totalitarian society...
I would just about bet money that the school also has rules about expressions that are offensive to others' religion -- rules that they wouldn't apply to the 'Day of Silence' types.
As I was informed on an academic listserv yesterday - this is "Gay Pride" month. I'm unclear as to what jolly events they're planning.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.