ADF Appeals Liberal Judges' Ruling in Christian Student's Censorship Case
by Jim Brown
June 2, 2006
(AgapePress) - - A pro-family attorney says a San Diego school district violated the free-speech rights of a California high school student by prohibiting him from expressing his Christian viewpoint against homosexuality.
In 2004, the Alliance Defense Fund (ADF) filed a lawsuit challenging the Poway School District's decision to suspend student Chase Harper for wearing a Christian T-shirt. Harper's shirt bore the phrases "Homosexuality is shameful" and "Our school embraced what God has condemned."
Recently, two judges with the Ninth U.S. Circuit Court of Appeals ruled the U.S. Constitution does not permit Harper to wear the shirt. ADF, a pro-family legal defense organization, is appealing the ruling.
Harper's attorney, Tim Chandler, says the school district practices viewpoint discrimination against Christians who speak out on issues such as homosexuality and illegal immigration. He says this is accomplished through policies that the school has in place, which purportedly ban any speech that is negative or offensive.
Chandler feels Poway School District's officials are doing a disservice by creating an atmosphere of oppression and bias rather than academic freedom and open debate. "Basically what they're trying to do is create this perfect, politically correct campus," he says, "but in doing so, they've basically excluded any debate on campus, particularly on these important issues."
And unfortunately, the attorney points out, the Ninth Circuit that recently ruled on the case has a history of censoring conservative expression. "They've been incredibly hostile to Christians in a number of different rulings ranging from the Pledge of Allegiance to parents' rights and now to students' speech rights," he says.
However, Chandler is hopeful that the prior ruling by the two liberal Ninth Circuit judges can be overturned on appeal. He says in that decision the judges did not take into consideration that California state law gives students substantially more free-speech rights on campus than the First Amendment does. Now ADF is asking a 15-judge panel of the infamous court to reverse the earlier ruling prohibiting Harper from wearing his T-shirt and expressing his faith-based viewpoint opposing homosexuality.
Chandler says ADF is confident of a positive outcome in the appeal. The previous ruling in this free-speech case, he asserts, was "so outrageous and so unprecedented that we are confident that even the Ninth Circuit can get this one right."
Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
