WASHINGTON — The U.S. Supreme Court today granted review of the appeal of a high school student represented by attorneys with the Alliance Defense Fund who was prohibited from wearing a T-shirt at school expressing his biblical views on homosexual behavior. The court then ruled 8 to 1 to vacate a decision by the U.S. Court of Appeals for the 9th Circuit against the student.
“Students simply do not lose their First Amendment rights at the schoolhouse gate,” said ADF Senior Counsel Kevin Theriot. “Two 9th Circuit judges issued an extremely dangerous ruling last year, allowing a school to censor the Christian point of view, while permitting students to speak out in support of homosexual behavior. Today’s decision by the U.S. Supreme Court summarily eliminates that ruling, giving us much firmer footing in pursuing this case.”
The high court vacated the 9th Circuit’s decision that denied the request of ADF attorneys to halt the school policy while the student’s lawsuit against the school district moves forward. The justices said the 9th Circuit’s decision is moot now that the case itself has been ruled on in district court and is moving up through the appeals process (
www.telladf.org/news/story.aspx?cid=4008).
ADF attorneys are representing Chase Harper, a student at Poway High School who was prohibited by school officials from wearing a T-shirt expressing his religious point of view on homosexual behavior. A school administrator told Harper to “leave his faith in the car” when his faith might offend others. Harper’s younger sister Kelsie is also represented by ADF attorneys in the case.
Two judges on a three-judge panel of the U.S. Court of Appeals for the 9th Circuit affirmed the district court’s denial of Harper’s motion for preliminary injunction on April 20 and commented extensively in the ruling against Harper about the case (
www.telladf.org/news/story.aspx?cid=3733). The Supreme Court vacated that decision today without much commentary.
ADF attorneys asked the U.S. Supreme Court to take up this case to protect the rights of Christian students to express their views at school. A copy of ADF’s writ of certiori petition to the U.S. Supreme Court in
Harper v. Poway Unified School District can be read at
www.telladf.org/UserDocs/HarperPetition.pdf. A copy of today’s order vacating the 9th Circuit’s ruling can be read at
www.telladf.org/UserDocs/HarperSCorder.pdf.
The U.S. Supreme Court has reversed the 9th Circuit, which includes the state of California, more times than any of the other federal appellate circuits across the country.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
www.telladf.org