Appeal Filed Concerning Free Speech of Students Opposed to Homosexuality

An appeal was filed Wednesday in a case involving the free speech right of Christian students to express their viewpoints on controversial issues, such as homosexuality. Attorneys with the Alliance Defense Fund (ADF) filed the appeal.

ADF attorneys had originally filed a lawsuit in June 2004 on behalf of Ponway High School (San Diego, California) sophomore Chase Harper. In November 2005 Chase Harper's younger sister, Kelsie, also a student at the school, was added to the suit. On January 24, 2006, a district court ruled in favor of the school district, saying the school was within its legal right to suppress the opinions of the students concerning homosexuality.

The matter started when Chase Harper wore a T-shirt that expressed his religious viewpoint on homosexuality during the "Day of Silence," an event sponsored by the school's "Gay-Straight Alliance."

Chase refused a school official's demand that he replace the T-shirt. He complied with the official's orders to sit in the office for the rest of the day. During the time he was in the office, Harper was subjected to "counseling" concerning his religious beliefs. A sheriff's deputy also interrogated him and took a number of pictures of him. Near the end of the day, Harper's parents were notified of the incident. They were told he had been sent to the office and suspended because of a T-shirt that they claimed had a "negative" message on it.

"Christian students at public schools are not second class citizens when it comes to their free speech rights," ADF Legal Counsel Tim Chandler said in a press release after the appeal concerning the speech rights of students concerning homosexuality was filed. "We appealed this very important case because it appears the lower court believes it is more important to be politically correct than constitutionally correct." He said the constitution does not only protect the speech of school officials, but also the Christian viewpoint.