Chicago Sun-Times
March 2, 2011
Neuqua Valley High School students would be allowed to wear “Be Happy, Not Gay” T-shirts under a ruling Tuesday by the 7th U.S. Circuit Court of Appeals.
The court had rejected Indian Prairie School District 204’s argument that school officials could prohibit students from wearing the shirts to prevent some students from having their feelings hurt.
In its opinion, the court said a “school that permits advocacy of the rights of homosexual students cannot be allowed to stifle criticism of homosexuality.”
“The school argued (and still argues) that banning ‘Be Happy, Not Gay’ was just a matter of protecting the ‘rights’ of the students against whom derogatory comments are directed,” the court said. “But people in our society do not have a legal right to prevent criticism of their beliefs or even their way of life.”
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