Posted on 06/04/2004 8:14:33 AM PDT by South40
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."
Liberal = Anti Christian
Islam = Anti Christian
Go figure
I actually don't think kids should be wearing any messages to school, but if they allow kids to wear them, how can they single out Christian messages to ban?
The more I've seen in schools, the more I believe in uniforms. Cut out all the BS and messaging.
Does that include the religion of "secular humanism"? Better yet...does it preclude school sponsored events celebrating diversity and highlighting "the religion of peace"?
Seems to me this guy, as well as the others involved in this singling out activity, need to reacquaint themselves with the Constitution!
But, but, where are the jeans worn half-way down the ass that show off your boxers????
The kid has a strong case. Last year a student was suspended for wearing a shirt that said "Straight Pride". He fought and won.
Oh, the hypocrisy.
"Some animals are more equal than others."
A girl I dated years back hated people who wore pants like that. If she saw one infront of us she would walk close up behind them and mock pulling their pants up for them. I am surprised she never got confronted over it.
It probably helped that she was a 6' tall amazon bombshell.
Good kid.
They had a day dedicated to indoctrinating students on perverse lifestyles.
That's the message that needs to be stopped.
And you stopped dating her?
I dated her sister years before too!
He's going to the wrong school.
While liberals may occasionally talk like they defend free speech, many of them, especially "educators" are infamous for prohibiting speech they don't agree with (not politically correct).
On the other hand, I can't remember how many times the "conservatives" on this board have sided with the school when they don't like a student's dress. How many times have I read here that students have no right to free speech while in school because they're there to learn? Uniforms are pushed as a solution.
I say this kid has every right to wear his shirt. I just hope some on this site remember this case when the next kid with an anti-war t-shirt shows up.
On the other hand, I'm pretty sure that in the Penumbra of the Constitution, there is explicit language to the effect that homosexuals have a right not to ever be offended by anyone.
INTREP - SECULARIZATION OF AMERICA
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