Poway High School T-Shirt Case Gets More Procedurally Complex

Harper v. Poway School District, a case that can only be described as a procedural morass, became even more complex on Friday as the Alliance Defense Fund filed a motion asking a California federal district court to reconsider its previous rejection of a challenge to the hate behavior policy of Poway (CA) High School. (ADF Press Release.) The motion comes in the case of Kelsie Harper, after the U.S. Supreme Court refused to allow her it intervene at the Supreme court level in a similar challenge brought by her brother, Tyler-- a challenge that was dismissed as moot because Tyler had graduated. The motion in Kelsie's case argues that the district court rejected Kelsie Harper's claims in reliance on the 9th Circuit opinion that was vacated as moot by the Supreme Court. At issue in the case is whether the school can prohibit Christian students, who object to homosexuality on Biblical grounds, from wearing T-shirts opposing the gay rights Day of Silence.