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Federal Judge Hears Battle Over Anti-Gay T-Shirt

T-Shirt Reads 'Homosexuality Is Shameful'

POSTED: 9:33 am PDT September 16, 2004
UPDATED: 9:34 am PDT September 16, 2004

A free speech battle at Poway High School goes before a federal judge today, 10News reported.

ANTI-GAY T-SHIRT LAWSUIT

The federal suit said sophomore Chase Harper, 16, was suspended for expressing his "sincerely held religious beliefs," 10News reported.

Harper wore the shirt during and after the April 21 "Day of Silence," a national event held on high school and college campuses to protest discrimination against gay, lesbian, bisexual and transgender students. The T-shirt had the words, "I Will Not Accept What God Has Condemned" hand-written on the front and "Homosexuality is Shameful" on the back.

When Harper wore a similar shirt the next day, a teacher told him he was violating the school dress code and must remove the shirt or go to the office.

The suit contends the school's assistant principal said the shirt violated the code because it had homemade printing and was inflammatory. Harper was suspended after refusing to remove it.

But, according to 10News, other local school districts have similar policies regarding dress. For example, Sweetwater Union's dress and grooming policy states "clothing must not present ... a distraction which interferes with the education process." It goes on to say "no student shall ... wear clothing ... which express or advocate racial, ethnic, or religious prejudice."

Harper is suing for $25,000 in damage, claiming the school violated his freedom of speech.

The Poway Unified School District wants the judge to throw out the lawsuit.

Harper is a Christian who believes that "homosexual behavior is immoral," according to the suit, which was filed in U.S. District Court in Los Angeles by the Alliance Defense Fund, based in Arizona.


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