Student not giving up effort to wear anti-gay T-shirt

A Neuqua Valley High School sophomore and his lawyers will appeal a federal judge's ruling that prohibits him from wearing a T-shirt at school that reads "Be Happy, Not Gay."

Alexander Nuxoll of Bolingbrook had sought a temporary injunction allowing him to wear the shirt this April after the Naperville school made another student, Heidi Zamecnik, edit the same message two years ago.

School administrators say they have a policy against derogatory language. They say Nuxoll can wear a shirt that says "Be Happy, Be Straight" because it doesn't degrade another group, but "not gay" crosses the line.

Nate Kellum, senior counsel for the Alliance Defense Fund, the group representing Nuxoll, said Thursday the group will appeal the ruling and ask for an expedited decision in hopes Nuxoll can wear the shirt in time for this year's "Day of Silence."

The Day of Silence is a day on which students around the nation wear T-shirts and remain silent to show support for gays and lesbians. It is countered the next day by the "Day of Truth" by students who oppose homosexuality.

Asked about the difference between "Be Happy, Be Straight" and "Be Happy, Not Gay," Kellum said students don't relinquish their right to choose their words just because they're in school.

"Be Happy, Be Straight" doesn't necessarily encompass opposition to homosexuality, a viewpoint students should be allowed to express, Kellum said.

"I think some messages are just better phrased in the negative," said Kellum, citing "No smoking" as an example.

Lawyers for the school district said the ruling -- issued Dec. 21 -- recognizes that it is a legitimate and constitutional objective of schools to fulfill their educational mission by prohibiting derogatory language and thus keeping learning distractions to a minimum.