Court Refuses To Reconsider Decision Upholding Anti-Gay T-Shirt Ban

In a decision handed down yesterday, a California federal district court denied a motion to reconsider its earlier decision permitting a school to ban a student's T-shirt which carried anti-gay slogans. This is the latest chapter in the procedurally complex case. (See prior posting.) A school rule banned the T-shirt as hate behavior. In refusing to reconsider its earlier decision, the court in Harper v. Poway Unified School District, (SD CA, Feb. 12, 2008), rejected a claim that the school's actions violated the objecting student's free exercise rights. It held that the school had "properly restricted Harper’s negative speech for the legitimate pedagogical concern of promoting tolerance and respect for differences among students." Yesterday's San Diego Union-Tribune reported on the decision.