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As Justice Abe Fortas wrote, "Schools may not be enclaves of totalitarianism.
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Des Moines that students have a Constitutional right to free speech. Supreme Court ruled in the landmark ACLU case Tinker v.
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"We intend to make sure Webb City High School stops breaking the law and treats all of its students equally regardless of their views."
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"What's happening to Brad Mathewson is a clear-cut case of censorship under the Constitution," said Dick Kurtenbach, Executive Director of the ACLU of Kansas and Western Missouri. Students with opposing beliefs on the same issues are allowed to express their views, as anti-gay t-shirts and bumperstickers are common in the hallways at Webb City High School. Gollhofer now claims he was concerned the t-shirts might offend other students. Although Mathewson had worn one of the shirts to school at least six times before without incident, Principal Stephen P. Mathewson was disciplined twice in October by Webb City High School officials for wearing t-shirts supporting lesbian, gay, bisexual, and transgender people, and was later suspended after school officials refused to meet with his mother without the Mathewsons' attorney present.
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He added, "I think tolerating each other's differences is a key part in teaching students how to become good citizens." I just want the same right," said Mathewson. The school lets other students wear anti-gay t-shirts, and I understand that they have a right to do that. "Because I'm gay, my school is trying to take away my Constitutional right as an American to express myself. Attorneys for 16-year-old Brad Mathewson also asked for a court order to stop the school from further censoring his speech.īrad Mathewson displays one of the T-shirts that school officials said could be considered "offensive." Others have proposed legislation that would gut local fairness ordinances by protecting businesses from being sued or having to pay fines for violating the laws.Contact: CITY, MO - The American Civil Liberties Union filed a lawsuit in federal court today against a high school that twice punished a student for wearing t-shirts bearing gay pride messages and banned him from wearing the shirts to school again. Some Kentucky lawmakers have for years pushed for a statewide fairness law, but the policy has never received an official vote in a legislative committee. “While this result is no doubt disappointing to many interested in this case and its potential outcome, the fact that the wrong party filed the complaint makes the discrimination analysis almost impossible to conduct, including issues related to freedom of expression and religion,” the court wrote.įourteen Kentucky cities have passed fairness ordinances, including Louisville and Lexington. GLSO filed a complaint with the Lexington Human Rights Commission, which said the company had violated the city’s fairness ordinance.īut Hands On Originals appealed the decision and courts have so far ruled against the Human Rights Commission’s decision, saying the company’s actions were protected under the First Amendment. The challenge began after Blaine Adams, the owner of Hands On Originals, refused to make T-shirts for GLSO in 2012, saying that doing so would have violated his religious beliefs. The ruling means that the court didn’t ultimately determine whether Hands On Originals violated Lexington’s fairness ordinance. “Because an ‘individual’ did not file the claim, but rather an organization did, we would have to determine whether the organization is a member of the protected class, which we find impossible to ascertain,” the 11-page ruling stated. In its ruling on Thursday, the state Supreme Court ruled that the group didn’t have standing to be aggrieved by Hands On Originals. Lexington’s Gay and Lesbian Services Organization filed a complaint with the city’s Human Rights Commission in 2012, arguing that the T-shirt maker violated the city’s fairness ordinance, which bans discrimination based on sexual orientation in employment, housing and public accommodations. The court did not address the main arguments of the case, instead ruling that Lexington’s anti-discrimination ordinance does not protect groups who feel they have been discriminated against - only individuals. The Kentucky Supreme Court has dismissed a lawsuit against Lexington T-shirt maker Hands On Originals, which refused to print T-shirts for a 2012 gay pride festival on religious grounds.