Source: Daily Herald, Associated Press via Chicago Tribune
A federal appeals court heard arguments from attorneys today that could determine whether a Neuqua Valley High School sophomore will be allowed to wear a previously banned anti-gay T-shirt at school.

The expedited appeals hearing was requested because of Alexander Nuxoll's desire to wear a shirt bearing the message "Be Happy, Not Gay" during April 28's National Day of Truth at his Naperville school. The Christian-based event follows the pro-gay National Day of Silence held this year April 25.

background in Qnews: Another court asked to judge anti-gay t-shirt controversy

There is no expected date for a decision, but both sides hope the three-judge panel will make a determination before the both events occur.

Alexander Nuxoll, a Neuqua Valley High School sophomore, was banned from wearing a T-shirt reading “Be Happy, Not Gay” to school. Nuxoll and one-time student Heidi Zamecnik, who wore a similar T-shirt to school in 2006, filed a lawsuit saying their civil rights had been violated.

The most famous appellate judge on the panel, Richard Posner, argued that the T-shirt's message was just a play on words to reinforce the students' message.

“It's so tepid,” Posner said. “It's just a pun because gay once meant happy. It's a joke.”

But school district attorney Thomas Canna said the shirt's message is no laughing matter.

“I don't believe it's a joke at all,” he said, “especially for someone struggling with their identity.”

The school district has argued that the T-shirts are derogatory and cause disruption to students' education.

The Alliance Defense Fund, a conservative Christian litigation group representing the students, said they should be allowed to express their views.

“Christian students shouldn't be discriminated against for expressing their beliefs,” attorney Nate Kellum said in a statement Friday. “The Constitution prohibits school officials from singling out one viewpoint for censorship while allowing opposing viewpoints to be heard.”

Posner argued that Kellum's request for an injunction that would ban the school district from censoring language on any T-shirt was too broad.

"How on earth is the school going to live with this?" Posner asked. "It doesn't limit the message to gays; it could be about blacks and Jews or anyone else."

In response, Kellum said it was "appropriate" to limit the language of the injunction request to his client's message.

The American Civil Liberties Union entered the fray, filing a brief officials there say supports neither side but provides a "path for the court to follow."

"Harassment should be the line," said Adam Schwartz, an ACLU senior staff lawyer. "The court needs to balance the two competing rights."

Full article: Attorneys argue before appeals court in anti-gay T-shirt case | Chicago Tribune
Appeals court hears debate on 'Be Happy, Not Gay' T-shirt | Daily Herald