Judge Rules In Favor Of Poway School In Anti-Gay T-Shirt Case
SAN DIEGO — A federal judge has ruled in favor of Poway school officials in the case of siblings who claimed their constitutional rights were violated when one of them was pulled from class for wearing a T-shirt deriding homosexuality as "shameful."
U.S. District Court Judge John Houston on Wednesday granted the Poway Unified School District’s request for a judgement in its favor on every legal claim that Kelsie Harper, 16, a junior at the high school, raised in the lawsuit.
Her brother, 18-year-old Tyler Chase Harper, who goes by his middle name, was dismissed from the lawsuit because he already has graduated from Poway High School, the judge ruled, according to the North County Times and San Diego Union-Tribune.
Houston relied on a 2006 appeals court decision in the same case to find that the school’s actions did not infringe on students’ rights of free speech, free exercise of religion, nor were they hostile to a particular religious viewpoint, according to the Union-Tribune.
That 9th U.S. Circuit Court of Appeals decision, which centered on Poway High’s dress code, is now before the U.S. Supreme Court. Justices are expected to decide in the next three weeks whether they will consider the case.
Although Wednesday’s ruling brings an end to the lawsuit at the trial court, appeals of some issues still are pending, and an appeal of Wednesday’s decision to a higher court is expected.
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