I’ve been hearing a lot lately about the attack on free speech coming out of California. Recently, the California Supreme Court refused to hear a case involving a high school student named Tyler Harper. There has been so much talk about this issue - it’s actually kinda hard to tell what’s really going on.
If you listen to most of the blog posts I’ve read on the subject so far, you’ll think this is a case of Christianity coming under fire by the United States Court Of Appeals For The Ninth Circuit. Or, maybe you’ll think it’s about Christianity and homosexuality. I’ve heard about how the constitutional right to free speech doesn’t hold anymore if you’re a Christian.
They want to make this an issue about morals and principles - and in a way I agree with that. I just don’t think it’s about the same morals and principles.
Tyler Harper attends Poway High School in Southwest California. The school itself is no stranger to controversies. In 2003, the Gay-Straight Alliance held what they called A Day Of Silence, intended to teach the students tolerance of others, especially on the basis on sexual orientation. The day saw several altercations between students resulting in several suspensions. Then, a group of students decided to hold a Straight Pride Day, in which several students wore anti-gay T-shirts which led to more incidents and a few more suspensions.
The following year, 2004, the Gay-Straight Alliance petitioned the school to hold another Day of Silence, but before they could do so, the group had to sit down with the principle in order to “problem solve” ways to prevent altercations and reduce the tensions felt the previous year.
On the April 24, 2004 Day Of Silence, student Tyler Harper wore a T-shirt saying “I WILL NOT ACCEPT WHAT GOD HAS CONDEMNED” on the front, and “HOMOSEXUALITY IS SHAMEFUL, ROMANS1:27” on the back. The following day, he wore the same t-shirt, except the message on the front of the shirt had changed to, “BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED”. (The message on the back remained the same.)
A Teacher saw this shirt and overheard several students talking about it. Remembering the altercations from the year before and explained to Harper he thought it was “inflammatory” and that it violated the school’s dress code. Harper was directed to the principles office, who asked him to remove the shirt because he also found it violated the school’s dress code. The principle explained that it wasn’t because of his views on homosexuality, but because it “created a negative and hostile working environment for others”, and that there were less threatening ways to get his message across, even coming up with some different ideas. All of which Harper turned down, asking to be suspended from school.
Harper spent the rest of the day in the school conference room, but was later visited by a Deputy Sheriff, Hubert, who acted as the School’s Resource Officer. He was at the school that day because the principle asked him to come in for the day after someone claiming to be a parent called the school, stating complaining about the school’s condoning of homosexuality and threatening that they “would be doing something about it.” Hubert sat down with Harper trying to understand the situation, the two discussing their viewpoints on homosexuality, religion, and the Bible. Harper contends this amounted to him being interrogated.
The Assistant Principle, Giles, also sat down with Harper. The two attended the same Church, and shared the same faith and beliefs about homosexuality. Giles expressed he knew where Harper was coming from, but wished that he could express himself in a more positive way, urging him to organize something with the school’s Bible Club.
On June 2, 2004, Harper filed a lawsuit in district court alleging five causes of action - violating his freedom of speech, violating his right to free exercise of religion, violating the Establishment Clause, violating the Equal Protection Clause, and violating the Due Process Clause. On June 22, 2004, the school filed a motion to dismiss the charges, and on July 12, Harper filed a motion for a preliminary injunction seeking to stop the school from violating his constitutional rights.
On November 4, 2004, the courts granted the school’s motion to dismiss the equal protection and due process claims and denied the motion for the first amendment claims (free speech, free exercise of religion, and establishment of religion). The court also denied the preliminary injunction. Harper then filed in the appellate courts.
Last week, the Appellate Courts declined to hear the case.
After reading the history of the case, it becomes clear this isn’t really an issue of Christianity v. Homosexuality - as a lot of people are claiming. Many of those involved in the story shared Harper’s views on homosexuality and religion, expressing concern that Harper’s T-shirt had gone too far. Harper’s failure to even consider alternatives (as well as Harper’s asking to be suspended because of this) made it clear to me he was out more for the political statement than the religious values he says he’s for.
In my opinion, it’s more of a moral outrage to create a hostile environment for other people - which appears to be Harper’s main plan of attack.
Is this what we are teaching our kids? If you don’t like someone, or if you don’t like a group of people - it’s ok to degrade them, belittle them, and create a hostile environment for them? If you don’t agree with someone’s religious beliefs or political views, it’s ok to harass them?
Sorry … but I don’t think so.