Can You Oppose Homosexuality at School?
By Michael F. Haverluck
CBNNews.com
November 3, 2007
CBNNews.com - A Christian student was successful in his appeal on Friday, when he was granted the opportunity to seek damages for a violation of his free speech rights at a Kentucky high school.
After being required to participate in homosexual "diversity training," Timothy Allen Morrison was prohibited by public school policy from sharing his Christian beliefs about homosexuality.
The high school student filed a lawsuit in 2005 against the Board of Education of Boyd County, contending that he was threatened with punishment during mandatory anti-harassment training if he voiced religious beliefs opposing homosexuality.
Students were forced to take anti-discrimination education, which was set in motion by Boyd County School District officials, said Joel Oster, Senior Legal Counsel of Alliance Defense Fund, a Christian legal alliance based in Scottsdale, Arizona.
ADF successfully represented Morrison in the lawsuit, arguing that the school's program included a video instructing students to suppress Christian perspectives on homosexual lifestyles.
Friday's ruling by the U.S. 6th Circuit Court of Appeals in Morrison v. Board of Education of Boyd County declared that a "chill" was placed over Morrison's right to express his Christian beliefs denouncing homosexuality.
Now, Morrison will be allowed to seek damages in a subsequent hearing for the suppression of his freedom of speech.
Victory for Christian Speech
"It's everything we could have hoped for," said Oster. "This vindicates our client's constitutional rights."
The decision was a major stepping stone toward re-establishing Christian free speech on school campuses across the nation.
"Christian students and other students who do not approve of homosexual behavior are not second class simply because of their perspective," Oster said. "Silencing students because of their viewpoint is a clear violation of their constitutional rights."
American Civil Liberties Union attorney Sharon McGowan, who represented gay and transgender students in the case, conceded that Friday's decision reasserts that schools cannot violate anyone's free speech rights.
"Our students have always been about promoting dialogue," McGowan claimed, even though they supported the school's former policy to suppress talk opposing homosexuality.
"This student's free speech rights were certainly violated, and we're pleased the case will proceed to trial," Oster added. "School officials were less than forthcoming regarding the options of parents who did not want their children to participate in the sessions."
Morrison may not receive a significant amount of restitution from the lawsuit, but Oster said that he was "ecstatic" about the ruling.
"Although a favorable decision cannot provide Morrison an opportunity to travel back in time and utter the speech he withheld, it can provide him with nominal damages," the 6th Circuit reasoned. "Even though these damages amount to little, they serve to vindicate his rights."
In the 2002-2003 school year, the Gay-Straight Alliance struck a deal with the board of education to require anti-harassment training. The deal was established after opposition to the controversial GSA student group prompted the school to ban the GSA, and reportedly all other student groups for the school year.
A Reappearing Trend?
A bill to implement similar anti-discrimination education in California was recently passed by Governor Arnold Schwarzenegger earlier this month.
The California Student Civil Rights Act, or SB 777, is compulsory instruction that teaches homosexuality, bisexuality and transsexuality in a positive light.
As a result of SB 777's passage, an influential pro-family organization, Campaign for Children and Families, called parents across the state to pull their children from the public schools.
"The so-called 'public schools' are no longer a safe environment for children," said Randy Thomasson, president of Campaign for Children and Families. "Under the new law, schoolchildren as young as kindergarten will be sexually indoctrinated and introduced to homosexuality, bisexuality and transsexuality, over the protests of parents, teachers and even school districts."
Sources: Alliance Defense Fund, The Associated Press, CBN News, Campaign for Children and Families
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