Judge upholds high school dress code in case of anti-gay T-shirt

AP via SFGate ^ | 1/25/7

[SmithL]

SAN DIEGO -- A federal judge has upheld a suburban San Diego high school's dress code, rejecting a challenge by a student who got pulled from class for wearing a T-shirt with anti-gay language.

Tyler Chase Harper sued the Poway Unified School District in 2004 to overturn a policy that says the schools will aim to reduce or prevent "hate behavior," including threats and attacks based on sexual orientation. The student claimed the policy limited free speech.

The front of Harper's T-shirt read, "Homosexuality is shameful. Romans 1:27." The back read, "Be ashamed. Our school has embraced what God has condemned."

U.S. District Judge John Houston ruled Wednesday the dress code policy was not overly broad.

[SmithL]

Houston, John A.

Born 1952 in Greensboro, NC

Federal Judicial Service:
Judge, U. S. District Court, Southern District of California
Nominated by George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758; Confirmed by the Senate on October 2, 2003, and received commission on October 7, 2003.

U.S. Magistrate Judge, U.S. District Court for the Southern District of California, 1998-2003

Education:
North Carolina A & T State University, B.S., 1974

University of Miami at Coral Gables School of Law, J.D., 1977

Professional Career:
U.S. Army Reserve, 1974-1978, 1981-present
U.S. Army, Judge Advocate General Corps, 1978-1981
Assistant U.S. attorney, U.S. Attorney's Office, Southern District of California, 1981-1987
Chief, Asset Forfeiture Unit, U.S. Attorney's Office, Southern District of California, 1987-1994
Senior counsel for asset forfeiture, U.S. Attorney's Office, Southern District of California, 1994-1996
Senior financial litigation counsel, U.S. Attorney's Office, Southern District of California, 1996-1998

Race or Ethnicity: African American

Gender: Male

[muawiyah]

The shirt didn't make a threat nor did the student attack anyone. So, what, exactly is the problem?

[Hildy]

If I were in charge of education, the first thing I'd do is make everyone wear uniforms...life would be so much easier for everyone. And I'm not kidding.

[Extremely Extreme Extremist]

Perhaps he should have worn a rainbow shirt, with two men kissing and the words "Tolerance" underneath it.

Another bone-headed judge legislating from the bench.

[nmh]

I LOVE uniforms.

My daughter is in a private school and it is REQUIRED to wear the school uniform or you are sent home. Students can then FOCUS on what they are there for - TO LEARN !

[JoeSixPack1]

If I were in charge ....

Most used and untrue statement ever!

And stop kidding!

[kinoxi]

In my high school they would have made you turn it inside out. They should. Just because someone has mental issues (homosexuality) doesn't mean they shouldn't be educated IMO. An already screwed up kid (of which there are MANY in every high school) shouldn't be called shameful if he is a legal student.

[SteveMcKing]

If I were in charge of education, the first thing I'd do is make everyone wear uniforms...life would be so much easier for everyone.

The preps would still wear them better. Rich kids would have them pressed and dry cleaned.

Losers would still feel like losers, but completely degraded by wearing clothes they resent.

It would make virtually no difference.

[Alter Kaker]

Another bone-headed judge legislating from the bench.

The school had a dress code. The student violated it. The school objected, and the kid sued. The judge simply allowed the dress code to stand. How is he legislating? Are dress codes unconstitutional? Ruling THAT would be legislating.

[stylin19a]

um...where's the hate in that message ?

[Tzimisce]

Bill of Rights was never intended for whitey.

Just PC groups.

[JennysCool]

I dunno. All politics aside, it's pretty weird for a kid to be wearing a shirt like that in the first place.

[pandoraou812]

I agree with you. I hate school shopping and life would be easier. I hate mornings when my daughter who is 7 doesn't want to wear what we picked out the night before.... This tee shirt is not as bad as some I've seen in schools.

[muawiyah]

So, let's say the kid turned it inside out and it had a couple of guys kissing and an admonition to te tolerant to gays?

(NOTE: a variation on a different post, but quite relevant).

Would you say the shirt was offensive, that the student was offensive, or the various messages, one way or the other, offensive?

Or might you stifle a smirk in the cuff of your shirt and walk on by, silent in the knowledge that you are intellectually heads and shoulder over this guy who wears words on his shirt?

[marsh_of_mists]

I agree with you. I never understood the infatuation with school uniforms on Free Republic. Outside of once-in-a-blue-moon controversies like this, they don't help anything. They're just another thing to worry about. Enforce a decent, modest dress code and let that be it.

[gidget7]

SF, figures. Truth is hate speech. Join the delusional who refuse to live in or face reality, or else!

[kinoxi]

I don't understand your point. My point is when I went to school it was not acceptable. I would have known that when I put it on that morning just like this wanna be attention getter did. I think children should go to school to learn. Do you disagree or would you agree with addendums?

[gidget7]

I would agree with you, if and only if, ALL t-shirts with writing on them were banned. But they are not, only the ones the school doesn't like, are.

[SmithL]

San Diego, actually.