Court Permits Student's Viewpoint Discrimination Lawsuit to Proceed
by Allie Martin
October 9, 2006
(AgapePress) - - A federal judge has denied an attempt by a public school district in North Carolina to dismiss a student lawsuit over the district's attempts to prohibit an alternative message to a pro-homosexual observance.
Last year Midway High School officials allowed the Gay, Lesbian, Straight Education Network (GLSEN) to hold a "Day of Silence" observance. The event encourages students to be silent throughout the day as a show of support for the homosexual agenda. The following day, student Benjamin Arthurs wanted to hand out "Day of Truth" message cards to other students as an alternative to the pro-homosexual event. But school officials not only prohibited him from distributing the cards, but also suspended him.
A lawsuit was filed by the Alliance Defense Fund (ADF), on Arthurs' behalf, against the school. Now, says ADF senior legal counsel David Cortman, a federal court has ruled the lawsuit will go forward.
"We also filed a brief in support of a preliminary injunction motion," Cortman adds. "We are moving the court to issue a temporary ruling allowing Ben to distribute not only his 'Day of Truth' flyers, but also any other religious flyers in school."
The attorney explains that Christian students are entitled to the same First Amendment rights as other students. "Students need to be aware that they have a constitutional right to share their faith at school and to distribute religious literature during non-curriculum times," states Cortman. "And [they] should not be prohibited by the school district from doing so."
ADF attorneys filed the suit after school district officials barred Arthurs' efforts, saying he was "pushing his religion on others" and that "religion is not allowed in school."
Mary Rettig, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
