Illinois School Officials Disappointed By Appeals Court Ruling Allowing Students To Wear Anti-Gay Tee Shirts But Determined That Pro-Gay Day Of Silence Take Place

The Chicago Tribune reports that officials at Neuqua Valley High School are discouraged by a federal appeals court ruling Tuesday that found administrators cannot keep students from articulating anti-gay sentiments, even during a day others are remaining silent to show their support for gay rights. Despite the decision, a faculty sponsor said an estimated 200 students at the Naperville school will participate in the annual "Day of Silence" to support gay rights; the event, tentatively scheduled for April 15th, arrives after a federal appeals court ruling Tuesday that students at the school had the right during a similar event in 2006 to wear tee shirts with the message "Be Happy, Not Gay." At the time, school officials had them edit the message to read, "Be Happy." The United States Seventh Circuit Court of Appeals said that action violated their First Amendment rights. Indian Prairie School District 204 Superintendent Kathy Birkett said the district was disappointed with the ruling. In a statement, she said in part "School administrators work diligently to make sure the school environment feels safe so all students can focus on learning. As educators, we believe derogatory speech is a distraction that can prevent students from achieving their best." The suit was brought by the Alliance Defense Fund, which litigates on behalf of Christian causes. Nate Kellum, senior counsel with the group, said the court made the right decision."It sets a precedent that students, Christians or otherwise, who have speech that may not be the politically correct speech, may not be the most popular speech, (can) feel free to express their views just like anyone else.” Ed Yohnka, spokesman for the American Civil Liberties Union Illinois chapter, also concurred with the ruling, but added a fine balance must be kept between protecting students from harassment and upholding free speech.