Student told again not to wear anti-gay T-shirt

A federal judge has once again ruled that a Neuqua Valley High School student cannot wear a shirt to school that reads "Be Happy, Not Gay."

U.S. District Judge William T. Hart declined to issue a temporary injunction that would have ordered school officials to allow sophomore Alexander Nuxoll to wear the shirt this April for the "Day of Truth."

The "Day of Truth" is a response by conservative groups to an annual "Day of Silence" on which students wear T-shirts and remain silent to show their support of gay and lesbian students.

Last year, Nuxoll, of Bolingbrook, and then-senior Heidi Zamecnik of Naperville filed suit against Indian Prairie Unit District 204 after Zamecnik was forced in April 2006 to edit her "Be Happy, Not Gay" T-shirt. An administrator blacked out the "Not Gay" portion. The school has a policy that prohibits derogatory speech.

The two students sought a preliminary injunction in time for the 2007 "Day of Truth." But Hart ruled against them, in part citing the fact that they had waited almost an entire year until just before the "Day of Truth" to file, thereby needlessly creating an artificial deadline.

This year, Nuxoll and his lawyers from the Alliance Defense Fund sought the preliminary injunction months ago, negating that argument.

When Hart originally ruled against Zamecnik, the alliance appealed, but by the time it reached the U.S. Court of Appeals, the "Day of Truth" had passed and the appeal was dismissed as moot.

This time around, Nuxoll filed to wear the shirt not just for April's "Day of Truth" but at other times as well, which means the appeal, if there is one, will not be moot by the time it reaches the appeals court.

A spokesman for the Alliance Defense Fund could not say Wednesday if there would be an appeal.

Dawn Hinkle, an attorney for the school district, said Hart's Dec. 21 ruling vindicates the district's position that prohibiting derogatory speech is consistent with furthering the school's educational mission.

Hart said Nuxoll's free-speech rights were not irreparably harmed because the school has agreed to let him wear a shirt reading "Be Happy, Be Straight," which is not considered derogatory of any group.

That, was what her T-shirt was supposed to be changed to the day she was edited, but a dean reneged on the agreement, thus violating her free-speech rights, Zamecnik claims.

Hart ruled Zamecnik can continue to pursue that claim.