Poway Unified School District wins--it was right on this one

This ruling was(temporarily)de-published by Supreme Court so the lower court could rule on certain matters. The lower court has now ruled, and so this decision may be re-published any day now.

The United States Court of Appeals for the Ninth Circuit upheld the decision of Poway Superintendent Donald Phillips and principal Scott Fisher not to allow student Tyler Chase to wear to school a T-shirt that said “HOMOSEXUALITY IS SHAMEFUL ‘Romans 1:27.’”


THE COURT WROTE:

"Poway High School (“the School”) has had a history of conflict among its students over issues of sexual orientation. In 2003, the School permitted a student
group called the Gay-Straight Alliance to hold a “Day of Silence” at the School which, in the words of an Assistant Principal, is intended to “teach tolerance of
others, particularly those of a different sexual orientation.”

"During the days surrounding the 2003 “Day of Silence,”3 a series of incidents and altercations occurred on the school campus as a result of anti-homosexual comments that were made by students.

"One such confrontation required the Principal to separate students physically. According to David LeMaster, a teacher at Poway, several students were suspended as a result of these conflicts. Moreover, a week or so after the “Day of Silence,” a group of heterosexual students informally organized a “Straight-Pride Day,” during which they wore T-shirts which displayed derogatory remarks about homosexuals. According to Assistant Principal Lynell Antrim, some students were asked to remove the shirts and did so, while others “had an altercation and were suspended for their actions.

"Because of these conflicts in 2003, when the Gay-Straight Alliance sought to hold another “Day of Silence” in 2004, the School required the organization to consult with the Principal to “problem solve” and find ways to reduce tensions and potential altercations. On April 21, 2004, the date of the 2004 “Day of Silence,” appellant Tyler Chase Harper wore a T-shirt to school on which “I WILL NOT ACCEPT WHAT GOD HAS CONDEMNED,” was handwritten on the front and “HOMOSEXUALITY IS SHAMEFUL ‘Romans 1:27’” was handwritten on the back..."


Click HERE to see the full decision.