ILLINOIS – A federal appeals court has upheld a previous ruling allowing high school students to display messages critical of homosexuality.
Neuqua Valley High School had allowed students to participate in a “Day of Silence” to protest against LGBT harassment. The day after, student Heidi Zamecnik wore a T-shirt that read, “Be Happy, Not Gay.”
School officials objected and first changed the words on the shirt to say, “Be Happy, Be Straight.” Then they changed it to just, “Be Happy.”
In response, Zamecnik filed a lawsuit against the School District together with freshman Alexander Nuxoll. Both argued their First Amendment rights had been violated.
In its ruling, the U.S. Court of Appeals for the 7th Circuit said, “A school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality,”
“People in our society do not have a legal right to prevent criticism of their beliefs or their way of life,” the court continued.
Adam Goldstein, attorney advocate for the Student Press Law Center, said the court made the only decision it could.
“You can’t obliterate an idea because you oppose it,” he said. “Every negative thing the school says about these shirts could be true, but that doesn’t mean they can prevent students from wearing them.”
