The following is from the newsletter of the NC Family Policy Council, Nov. 2, 2007: "Student Can Oppose Homosexuality at School": "A student who was required to attend homosexuality "diversity training" at his Kentucky school can proceed with a lawsuit seeking damages against school district officials for implementing a policy forbidding him and other students from sharing their Christian beliefs on homosexuality. The Sixth U.S. Circuit Court of Appeals in the case Morrison vs. Bd. of Education of Boyd County said the school board policy had a "chilling effect" on the students' First Amendment rights, and it remanded the case to the District Court for further proceedings.
The case originated when a group of students who sought to form a chapter of the Gay Straight Alliance (GSA) at Boyd County High School sued the school district because the club and all other student clubs were banned. When the students were granted a preliminary injunction allowing the GSA equal access that was afforded other student groups, the school district entered into a settlement that "required the school district to adopt policies prohibiting harassment on the basis of actual or perceived 'sexual orientation,' and to provide mandatory anti-harassment training to all students."
It was during the mandatory anti-harassment training carried out pursuant to the settlement in the lawsuit that Timothy Morrison claimed his First Amendment rights to freedom of speech and expression were "chilled." He and his parents filed suit challenging the policy. After the lawsuit was filed, the school board changed the policy to allow students to express anti-homosexual speech unless it "adversely affects a student's education or creates a climate of hostility or intimidation."
The Sixth Circuit held that a past "chill" on First Amendment rights was enough to sustain a suit even for nominal damages. It also held that the plaintiff must show that the defendant's policy "would deter a person of ordinary firmness from exercising his or her First Amendment liberties in the way that the plaintiff alleges he or she would have, were it not for the defendant's conduct or policy."
"The policy this school board adopted is very similar to a bill (H.B. 1366) that was introduced in the North Carolina General Assembly last session," said North Carolina Family Policy Council Attorney Tami Fitzgerald. "School policies or laws that prohibit harassment on the basis of 'sexual orientation' and then require anti-harassment training along those lines run the risk of violating the First Amendment rights of students whose beliefs do not condone homosexuality."
P.S. H.B. 1366 was the law our Representative Tarleton so vigorously supported.
Saturday, November 3, 2007
Student Sues Over Right to Express Christian Belief on Homosexuality
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12 comments:
“Teacher, the Bible says that Jimmy and his friends are an abomination.”
“That’s true, Bob, but then the Bible says a whole lot of things that are questionable.”
“Are you saying my religion is a fraud, Teacher?”
“Well, you want to use a line of text in your religion to beat up on Jimmy. Don’t you think it might be fair and reasonable to look at your religion and see if it is fair and reasonable? The purpose of this class is to teach you that good or bad, right or wrong, it is not your right or job to judge Jimmy or mistreat him. That duty, according to your book, belongs to your god.”
“Can’t I point out that he’s wrong?”
“Only according to your religion, Bob. But I have some problems with your faith and am not sure that this is the time or place to argue it. Your book teaches you that:
• If god wanted to create a fish big enough to swallow Jonah whole, keep him alive in his stomach for a period of time and then cough him up on the shore unharmed (except for a thin coating of fish slime) he could do it.
• Baby dinosaurs were on the ark running around with Noah’s children. (The unicorn wouldn’t get on the boat and that’s why they don’t exist anymore.)
• Dinos just died out over time after the flood; carbon dating, paleontology and archeology are just plain wrong.
• If god wanted to he could stop the sun and give the whole Adam and Eve bunch secret mates, not involving first-generational incest, to populate the earth.
When those are the serious, best answers you can come up with to only a few basic questions, the discussion has become Sunday school not a debate on the issues with reference to science and logic. If you want to argue your faith you have to be prepared to address any number of issues. That is not the purpose for this class, but acceptance of homosexuality is a social, religious and philosophical issue. When we make it a school issue we have to be prepared for where it will lead."
Shyster Bob’s real problem, and it will be worse in college, is that the academy’s rules are stacked against him. His approach to truth has been declared unacceptable by academia. He will have to learn that only in the real world will he find people whose rules of evidence will listen to him. That is why in this instance, he is better off in the courts.
This is something that shouldn't be allowed at school.
Schools should educate, not indoctrinate. When they focus on social issues they lose perspective as to what they are for.
Unfortunately the left has totally infiltrated the educational system with this garbage, and we as parents and students are to blame for letting it get to this point.
Public schools and State Universities are in danger of being nothing more than political re-education camps.
Blogger, "Better off in the courts"
Exactly what does that mean? The only thing the court can or will do is allow him the right to argue from the "good" book. It will not solve the emotional issue of homosexuality.
I would defend his right to argue his religious views in opposition to homosexuality. I would just warn Bob that once that door is open he best be prepared to defend a belief system that ONLY has FAITH to back it up.
The FSM has no problem with homosexuality. As a practicing Pastafarian I am touched by his noodly appendage.
Shyster, You are the attorney. What is the difference in sentencing this kid to “diversity classes” for something he believes and sentencing people to “ideological re-education classes” in the former Communist countries for what they believed?
Blogger, these kids aren’t “sentenced” to anything and I am not sure how a class that teaches tolerance for all beliefs and lifestyles will harm the kids. Hell, they made me take algebra. I hated it and it was against my moral code, but I survived.
Are you and Wolfie really, seriously comparing American high schools to communist reeducation camps? If so, you might want to read up on the camps.
If you don’t watch your step I am going to turn you in to the hyperbole police. Wolfie’s already on hyperbole probation, having been sentenced as a habitual offender. You don’t want to go there, Blog. Career hyperbolists are not treated very well in prison.
Shyster, Yeh, but you duck and weave a lot. Do you want to be put on the dodgers team?
Shyster, like people historically and in all major religions and cultures, the kid believes that homosexuality is wrong. Now they want to send him to a class to try to re-program him. If that is not ideological re-training, what politically correct euphemism are you going to call it?
I am not ducking anything.
Not knowing the course material I am not willing to agree that the school is "re-programing" these kids. Do you really think that the school or anyone else can talk these kids into being gay?
My guess is that the school is telling them: you may think they are wrong, but who gives a damn? Your only requirement is to leave them alone. Is that so hard for the christian right to understand?
The gay community can live without your love — just leave them alone.
What will this class teach them? My guess is: it is wrong to beat them up and it is wrong to humiliate them with abusive taunts.
The PC euphemism I would choose would be: common, F'in, decent courtesy and respect for another human being.
Why is that concept so hard for the right to grasp?
Do you truly believe that your Bible gives you or these kids the right to attack or humiliate other kids because they are different?
I am so glad this young man is standing up for his rights. It seems it always goes the other way regarding freedom and agressions. Bout darn time! WOnder if he needs a donation for his legal bills! Maybe we could pitch in and get Shyster to help w/legal advice, pro bono!!!!!!
Actually, there may be a light on the horizon for the rights of students. Believe it or not, this light is the court system.
Students have successfully sued over not being allowed to wear Tee shirts with massages on them. As a matter of fact, the local school system backed down when a law suit was threatened over this very issue. A student was wearing a tee shirt that was printed with some Biblical verses that did not support homosexuality on a day that was supposed to support "gay" diversity.. The school told him to take it off. He would not. He was suspended. The suspension was lifted when his dad called the attorney.
A student sued a school system because they would not print a picture of him shooting trap in his annual. Other seniors were pictured doing whatever they chose as their favorite activity. The Court sided with the student.
I have read of a suit being planned over the violation of a college student's civil rights because she cannot carry a gun on campus in order to defend herself.
I have also read of an attempt to charge the teacher and administrators of a school as accessories when a child was continually being beaten by another child and they did nothing to stop it.
Guy, with the exception of the student wanting to pack heat, I have no problem with any of those objections and would support the students. I guess we agree again.
Please note that the street protests and uprising in Pakistan is being led by lawyers.
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