April 29, 2008Alex Nuxoll is now free to exercise his First Amendment rights at school. Neuqua Valley High School, in Illinois, had previously forbid Alex from wearing a T-shirt that reads "Be Happy, Not Gay."
Last week, the U.S. Court of Appeals for the 7th Circuit reversed a lower court's ruling in the case and ordered the school to suspend its ban, allowing Alex Nuxoll to wear his T-shirt – just in time for warmer spring weather.
The weather isn't the only source of warming on this issue. The debate over student rights on campus – and, in particular, the rights of Christians – is heating up all over the country. In 2004, Chase Harper was punished for wearing a T-shirt expressing a biblical viewpoint regarding homosexual behavior. The U.S. Court of Appeals for the 9th Circuit ruled against Chase, but the Supreme Court vacated that decision in March 2007. The case is now moving back through the federal court system in California.
The Illinois case actually began in April 2007 when Neuqua Valley senior Heidi Zamecnik wore a shirt similar to Alex's to school. One day earlier, the school had permitted other students to wear shirts showing their support for homosexual behavior as part of the "Day of Silence," promoted by the Gay, Lesbian, Straight Education Network. Heidi simply wanted to express an opposing viewpoint.
Unfortunately, school officials seemed to believe only one viewpoint was necessary. During her lunch hour, Heidi was summoned to the dean's office, where her mother was called. After some discussion, the mother reluctantly agreed that the wording on Heidi's shirt could be changed to read, "Be Happy, Be Straight." However, once the call ended, the dean ignored that agreement and ordered a female counselor to cross out the words "Not Gay."
Alex was later added as another defendant in the case because, as a sophomore at the school, he hopes to find additional opportunities to wear the shirt to counter the ongoing advocacy for homosexual behavior among some of his peers.
"Christian students don't sacrifice their constitutional right to free speech once they enter the schoolhouse door," said ADF Senior Counsel Nate Kellum. "The First Amendment protects all speech, not just what's popular or "politically correct.' These students suffered unlawful discrimination simply because school officials did not like their sincerely-held religious views regarding homosexual behavior."
This is an important victory as the Alliance Defense Fund works to ensure that Christian students are not treated as second-class citizens. It is also a well-timed victory, as just yesterday thousands of Christian students participated in the fourth annual Day of Truth, a student-led project established by ADF to counter the promotion of the homosexual agenda and give Christian students an opportunity to express an opposing viewpoint from a biblical perspective.