A student at the public high school in Poway, California has sued the
school district, challenging his suspension for wearing a T-Shirt on
national gay rights day (or the Day of Silence, I think it was called)
that stated his religious objection to homosexuality.
See
Well, if the situation had arisen here in the heart of Dixie (not Alabama but south Georgia), it likely the Eleventh Circuit would uphold the suspension relying on its decisions in a pair of Confederate flag cases. In Denno v. School Bd. of Volusia County and Scott v. School Bd. of Alachua County,
But see Holloman v. Harland, 2004 WL 1178465 (11th Cir. May 28, 2004)
denying qualified immunity to a teacher who disciplined a student for
silently raising a fist during the pledge of allegiance and concluding
that the allegation, if proved, would establish a violation of the first
amendment.
