ĚÇĐĶŻÂţvlog

Law & Courts

High Court Voids Ruling on Anti-Gay Shirt

By Mark Walsh — March 09, 2007 2 min read
  • Save to favorites
  • Print
Email Copy URL

A much-debated legal case over the right of a public school student to wear a T-shirt with a religious-based message against homosexuality appears to be fizzling amid knotty procedural issues.

The U.S. Supreme Court last week set aside a federal appeals court ruling in favor of the school district in the case. But that was because the student at its center had graduated from high school last year, and a federal district court recently declared his lawsuit moot.

See Also

The case involves Tyler Chase Harper, who as a high school student in 2004 wore a shirt with hand-lettered messages that said, “Homosexuality is shameful. Romans 1:21,” and “Be ashamed. Our school has embraced what God has condemned.” He wore the shirt the day after some students at Poway High School in the 33,000-student Poway, Calif., school district had participated in an event to show support for gay rights.

On grounds of free speech and free exercise of religion, lawyers for Mr. Harper had sought an injunction in 2004 to block school administrators from restricting the anti-gay shirt. A federal judge denied the request, and in a ruling last year that drew wide attention, a panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, upheld the denial in a 2-1 ruling that emphasized that school administrators should not have to permit “verbal assaults that may destroy the self-esteem of our most vulnerable teenagers.” (“U.S. Court Backs School’s Decision to Bar Student’s Anti-Gay T-Shirt,” May 3, 2006.)

No Damages Allowed

Mr. Harper sought a rehearing before the 9th Circuit court, which was denied, and then review by the Supreme Court. In the meantime, he graduated from Poway High last year, and the school district went back to the district court to suggest that the case was moot.

On Jan. 24, U.S. District Judge John A. Houston, in San Diego, dismissed Mr. Harper as a defendant in the case because the young man had graduated. He noted that Mr. Harper’s claims for damages, which could have kept his case viable, had already been dismissed on the grounds that the school district was immune from such claims. The judge allowed Mr. Harper’s younger sister, Kelsie, to be substituted as the plaintiff, but he ruled on the merits against her claims.

The Supreme Court, ruling on the appeal of the earlier lower-court rulings, on March 5 took note of the district court’s ruling that Mr. Harper’s case was moot. It refused a request to substitute his sister in the case in the matter directly before it. And it tossed out the controversial 9th Circuit ruling in the district’s favor.

Justice Stephen G. Breyer dissented in Harper v. Poway Unified School District (Case No. 06-595), but he didn’t give an explanation.

A version of this article appeared in the March 14, 2007 edition of Education Week as High Court Voids Ruling on Anti-Gay Shirt

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Webinar
Maximize Your MTSS to Drive Literacy Success
Learn how districts are strengthening MTSS to accelerate literacy growth and help every student reach grade-level reading success.
Content provided by 
College & Workforce Readiness Webinar How High Schools Can Prepare Students for College and Career
Explore how schools are reimagining high school with hands-on learning that prepares students for both college and career success.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
GoGuardian and Google: Proactive AI Safety in Schools
Learn how to safely adopt innovative AI tools while maintaining support for student well-being. 
Content provided by 

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.

Read Next

Law & Courts Court Rejects Discipline of Student Whose Post Mocked George Floyd's Death
An appeals court ruled that a student's off-campus social media post is constitutionally protected.
4 min read
Illustration of the arm of Statue of Liberty with various speech bubbles coming out of the top of her torch
DigitalVision Vectors
Law & Courts Appeals Court Heightens Stakes Over Ten Commandments School Laws
A full federal appeals court will review Texas and Louisiana laws requiring Ten Commandments displays in schools.
2 min read
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
A copy of the Ten Commandments hangs alongside other historical documents at the Georgia Capitol on June 20, 2024, in Atlanta. Similar displays in schools are now at the center of court battles in Texas and Louisiana.
John Bazemore/AP
Law & Courts Ed. Dept. Can't Cancel Dozens of School Mental Health Grants, Judge Rules
The grants, valued at $1 billion, help schools employ more mental health professionals.
5 min read
Social worker Mary Schmauss, right, greets students as they arrive for school on Oct. 1, 2024, at Algodones Elementary School in Algodones, N.M.
A social worker greets students as they arrive for school on Oct. 1, 2024, at Algodones Elementary School in Algodones, N.M. A judge on Oct. 27 said the Trump administration couldn't cancel about four dozen mental health grants that funded school district hiring of school social workers, counselors, and psychologists to boost school mental health services.
Roberto E. Rosales/AP
Law & Courts Educational Toy Companies Lead Supreme Court Battle Over Trump Tariffs
Two Illinois family-owned educational toy companies are challenging the president’s tariff policies.
8 min read
Spike the Fine Motor Hedgehog and Botley the Coding Robot (bottom right), two educational toys created by Learning Resources Inc.
Spike the Fine Motor Hedgehog and Botley the Coding Robot (bottom right), two educational toys created by Learning Resources Inc. The Illinois company is one of two related educational toy makers challenging President Donald Trump’s tariffs before the U.S. Supreme Court.
Courtesy of Learning Resources