Source: Naperville Sun
The third time was the charm for a Neuqua Valley High School student who wants to express his sentiments on homosexuality by wearing a “Be Happy, Not Gay” T-shirt to class.

Neuqua sophomore Alex Nuxoll had twice filed for an injunction that would suspend what his anti-gay activist lawyers claimed is “the school’s policy that allows speech in favor of homosexual conduct, but bans speech critical of homosexual conduct.”

And twice courts had denied that request.

But on Wednesday the U.S. Court of Appeals for the 7th Circuit reversed the lower courts’ rulings against Nuxoll, saying the district court must order Neuqua to suspend its ban on the shirt while the civil rights lawsuit filed by Nuxoll and Neuqua grad Heidi Zamecnik proceeds.

"We cannot accept the defendants’ argument that the rule is valid because all it does is protect the ‘rights’ of the students against whom derogatory comments are directed," states the court’s opinion, authored by Judge Richard Posner.

"Of course a school can – often it must – protect students from the invasion of their legal rights by other students. But people do not have a legal right to prevent criticism of their beliefs or for that matter their way of life."

The case was handled by the conservative religious law advocacy group, Alliance Defense Fund.

Attorneys had requested a speedy decision in the case because Nuxoll wants to wear his anti-gay t-shirt during the so-called "Day of Truth," an anti-gay response to the Day of Silence anti-bullying observance at his school.

Earlier this month the school district's attorney argued before a three-judge panel that the message on the shirt is derogatory to teens struggling with their sexuality, while ADF attorneys said it's unconstitutional to censor one viewpoint and not another.

School officials had offered Nuxoll and another student involved in the case the option to wear shirts that read, "Be Happy, Be Straight," but the students refused.

Full article: Judge: Teen can wear anti-gay T-shirt | Naperville Sun
T-shirt case ruling expected soon | Naperville Sun