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T-Shirt Case Taken to Supreme Court

By Greg Moran
UNION-TRIBUNE STAFF WRITER

Lawyers for a former Poway High School student who was pulled out of class for wearing an anti-gay T-shirt have asked the U.S. Supreme Court to review an early ruling in the case.

Papers filed yesterday by the Alliance Defense Fund urged the court to take up an April ruling by the 9th U.S. Circuit Court of Appeals, which said high school administrators were justified when they removed Tyler Chase Harper from class.

AdvertisementIn 2004, Harper, then a sophomore, wore a shirt on which he wrote, “I will not accept what God has condemned,” and on the back, “Homosexuality is shameful ‘Romans 1:27.’ ” The incident occurred during a day set aside by a student group to promote tolerance of gays and lesbians.
School officials said the shirt was offensive, could have led to disruptions at school and violated the school’s dress code. Harper has sued the district saying his free speech rights were violated. The case is still pending in San Diego federal court.

Meanwhile, his lawyers had asked U.S. District Court Judge John A. Houston to issue an injunction preventing the school from enforcing its dress code while the case proceeded. Houston ruled against Harper on the issue.

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