Law & Courts

High Court Voids Ruling on Anti-Gay Shirt

By Mark Walsh — March 09, 2007 2 min read
  • Save to favorites
  • Print

A much-debated legal case over the right of a public school student to wear a T-shirt with a religious-based message against homosexuality appears to be fizzling amid knotty procedural issues.

The U.S. Supreme Court last week set aside a federal appeals court ruling in favor of the school district in the case. But that was because the student at its center had graduated from high school last year, and a federal district court recently declared his lawsuit moot.

See Also

The case involves Tyler Chase Harper, who as a high school student in 2004 wore a shirt with hand-lettered messages that said, “Homosexuality is shameful. Romans 1:21,” and “Be ashamed. Our school has embraced what God has condemned.” He wore the shirt the day after some students at Poway High School in the 33,000-student Poway, Calif., school district had participated in an event to show support for gay rights.

On grounds of free speech and free exercise of religion, lawyers for Mr. Harper had sought an injunction in 2004 to block school administrators from restricting the anti-gay shirt. A federal judge denied the request, and in a ruling last year that drew wide attention, a panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, upheld the denial in a 2-1 ruling that emphasized that school administrators should not have to permit “verbal assaults that may destroy the self-esteem of our most vulnerable teenagers.” (“U.S. Court Backs School’s Decision to Bar Student’s Anti-Gay T-Shirt,” May 3, 2006.)

No Damages Allowed

Mr. Harper sought a rehearing before the 9th Circuit court, which was denied, and then review by the Supreme Court. In the meantime, he graduated from Poway High last year, and the school district went back to the district court to suggest that the case was moot.

On Jan. 24, U.S. District Judge John A. Houston, in San Diego, dismissed Mr. Harper as a defendant in the case because the young man had graduated. He noted that Mr. Harper’s claims for damages, which could have kept his case viable, had already been dismissed on the grounds that the school district was immune from such claims. The judge allowed Mr. Harper’s younger sister, Kelsie, to be substituted as the plaintiff, but he ruled on the merits against her claims.

The Supreme Court, ruling on the appeal of the earlier lower-court rulings, on March 5 took note of the district court’s ruling that Mr. Harper’s case was moot. It refused a request to substitute his sister in the case in the matter directly before it. And it tossed out the controversial 9th Circuit ruling in the district’s favor.

Justice Stephen G. Breyer dissented in Harper v. Poway Unified School District (Case No. 06-595), but he didn’t give an explanation.

A version of this article appeared in the March 14, 2007 edition of Education Week as High Court Voids Ruling on Anti-Gay Shirt

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Breaking the Cycle: Future-Proofing Schools Against Chronic Absenteeism
Chronic absenteeism is a signal, not just data. Join us for a webinar on reimagining attendance with research & AI!
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Trust in Science of Reading to Improve Intervention Outcomes
There’s no time to waste when it comes to literacy. Getting intervention right is critical. Learn best practices, tangible examples, and tools proven to improve reading outcomes.
Content provided by 95 Percent Group LLC

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Asks Supreme Court for OK to Move Ahead With Deep Teacher-Training Cuts
The Trump administration on Wednesday asked the Supreme Court to allow it to cut hundreds of millions of dollars for teacher training.
2 min read
President Donald Trump, left, holds up a signed executive order as young people hold up copies of the executive order they signed at an education event in the East Room of the White House in Washington, Thursday, March 20, 2025.
President Donald Trump, left, holds up a signed executive order as young people hold up copies of the executive order they signed at an education event in the East Room of the White House in Washington, Thursday, March 20, 2025. The Trump administration asked the Supreme Court to permit the cut of funding for teacher training programs.
Ben Curtis/AP
Law & Courts See All the Lawsuits Filed Over Trump's Education Policies
Here’s a look at the moves that have drawn litigation, and where the complaints stand.
6 min read
Republican presidential nominee former President Donald Trump speaks during a news conference held at Trump Tower, Friday, Sept., 6, 2024 in New York.
Donald Trump speaks during a news conference held at Trump Tower on Sept. 6, 2024 in New York. His education actions since returning to the White House in January 2025 have drawn numerous lawsuits alleging he's overstepping his authority.
Stefan Jeremiah/AP
Law & Courts Opinion Can States Bar Religious Charter Schools? The Supreme Court Will Soon Decide
Recent U.S. Supreme Court decisions suggest that bans on faith-based charter schools may violate the Free Exercise Clause.
13 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week
Law & Courts NEA, AFT Sue to Block Trump’s Education Department Dismantling
The nation’s two largest teachers’ unions are asking federal courts to halt efforts to close the U.S. Department of Education.
4 min read
Kim Anderson, the executive director of the National Education Association (NEA), speaks during a demonstration at the headquarters of the Department of Education, Friday, March 14, 2025, in Washington.
Kim Anderson, the executive director of the National Education Association, speaks during a demonstration at the headquarters of the U.S. Department of Education on March 14, 2025, in Washington. The NEA and the American Federation of Teachers have both filed lawsuits seeking to block President Donald Trump's efforts to dismantle the Education Department.
Mark Schiefelbein/AP