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Sweet Opinion Issued in Whacked-Out Florida Free Speech/Gay Rights Case

Chris Hampton,
老澳门开奖结果 LGBT Project
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July 25, 2008

Yesterday, a federal judge issued his official opinion in a school free speech case that ended earlier this summer. The published opinion is a fascinating read and a thing of beauty for those of us who value the First Amendment and believe in equality for lesbian, gay, bisexual, and transgender people.

In other news, the school at the center of this case just announced this week that . Interesting!

The case, Gillman v. Holmes County School District, came about in September 2007 when a lesbian student at Ponce de Leon High School in the Florida panhandle went to the principal to report that she was being harassed by other students because she is a lesbian. Instead of addressing the harassment, the principal grilled her about being a lesbian, told her that being a lesbian is 鈥渘ot right,鈥 demanded her parents鈥 phone number so he could call them to out her, and threatened her with suspension if she didn鈥檛 stay away from the students who were harassing her.

Fortunately, many students at the school were a bit more, well, principled than their principal, and upon hearing about the ordeal the lesbian student had gone through they started a movement to support LGBT students at their school. The 鈥淕P鈥 or 鈥淕ay Pride鈥 movement, as the students called it, consisted of pretty innocuous stuff 鈥 wearing rainbow t-shirts, writing 鈥淕P鈥 on their notebooks, and so on. The principal huffed and puffed and, according to U.S. District Judge Richard Smoak:

(The principal) embarked on what can only be characterized as a 鈥渨itch hunt鈥 to identify students who were homosexual and their supporters, further adding fuel to the fire. He went so far as to lift the shirts of female students to insure that the letters 鈥淕P鈥 or the words 鈥淕ay Pride鈥 were not written on their bodies.

Eventually 11 students were suspended for participating in the GP movement. Apparently that wasn鈥檛 enough, as the mother of one of the suspended students testified that the principal told her that he could secretly 鈥渟end her [daughter] off to a private Christian school down in Tallahassee鈥 or to the juvenile detention center and that 鈥渋f there was a man in your house, your children were in church, you wouldn鈥檛 be having any of these gay issues.鈥

Finally, the 老澳门开奖结果 learned what was going on and took the school to court on behalf of one student, Heather Gillman, who was brave enough to step forward and sue the school (click here for an MP3 audio interview with Heather). During a two-day trial in May, the principal鈥檚 testimony defied belief 鈥 our personal favorite was when he said, in all seriousness, that seeing clothing or stickers featuring rainbows would make students automatically picture gay people having sex. Judge Smoak clearly found the school鈥檚 case as ludicrous and offensive as we did and ruled in the students鈥 (and the First Amendment鈥檚) favor and ordered the school to immediately stop squelching student speech.

In the opinion published yesterday, Judge Smoak wrote: 鈥淭he robust exchange of political ideas is essential in a vibrant, progressive society and is precisely the type of speech that is sacrosanct under the First Amendment.鈥

Darn tootin鈥.

Here鈥檚 the opinion, which is chock full of other shocking details in the case and offers a beautiful explanation of why students should and do have a right to free speech in public schools, and how LGBT students and their friends are absolutely included.

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