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NewsFriday, March 23, 2007 10:53 AM CDT
Student sues school over anti-gay T-shirt
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CHICAGO -- Two suburban Chicago students filed a lawsuit in U.S. District Court claiming their high school violated one of the students' civil rights by not letting her wear an anti-gay T-shirt.

Heidi Zamecnik, 17, of Naperville, and Alexander Nuxoll, 14, of Bolingbrook, are students at Neuqua Valley High School in Naperville.

In response to a National Day of Silence event in April 2006, Zamecnik wore a shirt to school that read "MY DAY OF SILENCE, STRAIGHT ALLIANCE" on the front and "BE HAPPY, NOT GAY" on the back, according to the suit filed Wednesday.

On the Day of Silence, students can refrain from speaking as an effort to highlight discrimination against homosexuals.

According to the suit, one school administrator ordered Zamecnik to remove the T-shirt and another official ordered her to cross out "NOT GAY" with a marker.

The suit alleges Zamecnik suffered unlawful discrimination and humiliation because school officials didn't agree with her viewpoint.

Calls to the Indian Prairie School District and Neuqua Valley High School were not immediately returned Thursday morning.

The Arizona-based Alliance Defense Fund, a conservative Christian litigation group, is representing Zamecnik. Gary McCaleb, senior counsel for the group, said the organization has filed at least eight similar lawsuits nationwide.

McCaleb said the Alliance Defense Fund is trying to "enable Christian students to express a contrasting viewpoint on homosexuality."

McCaleb said Zamecnik and her parents discussed the incident with school officials to work out an agreement allowing the teen to wear a similar T-shirt during next month's Day of Silence event.

The suit said school officials declined the request.

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Reader comments on this story - 51 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Joseph wrote on Mar 24, 2007 8:10 PM:

" I agree with the school here. Any form of hate driven discrimination should not be allowed at school. The school was correct to inform the girl that her shirt should not be worn at school, especially on a day to fight discrimination. Sounds like the 17 year old only had her feelings bruised. I would like to see how this spoiled kid is when she enters the work force one of these days and wants to wear such a shirt. She would be fired on the spot! We are trying to teach our kids respect and education. I understand she may have a view point against homosexuality, but an education public education system is not a place to be pushing hate. I would like to see her wear a KKK shirt or something of the nature to a NAACP conference. She would suffer a lot more then 'unlawfully being discriminated.' "

Equal Sexes wrote on Mar 24, 2007 12:27 AM:

" When a guy wears a T shirt promoting any kind of same-sex orientation (like bisexuality) it's like saying: "I'm a male and sometimes I'm oriented to exclude women when it comes to 'love'." Same-sex orientation (sexism) is no better than same-race orientation (racism). In contrast, straight heterosexuality is always gender-inclusive sex diversity orientation (woman + man). Shouldn't everyone be inclusive and diversity oriented? "

Equal Sexes wrote on Mar 24, 2007 12:14 AM:

" Gender-exclusive homosexuality is totally intolerant of sex diversity and equality when it comes to ‘love’. It’s not hate to be against same-sex diversity intolerance and to promote the gender-inclusive sex equality and diversity of man + woman. Shouldn’t everyone be inclusive and diversity oriented like woman + man in straight heterosexuality? "

happy wrote on Mar 23, 2007 4:14 PM:

" I agree with Corey Smellmore....they are sooo fun! "

BlogHog wrote on Mar 23, 2007 12:47 PM:

" That's my point Michael Schumann.....you (or they) have a flag!! Apparently several of them. If all these groups actually want equality then they should melt into mainstream society. But that's not the goal is it? It's more about drawing attention and rising above mainstream America. Laws authored specifically to their goals. You support those who fly flags in support of their sexuality. This girl wore a T-shirt in support of hers. The difference is what?? "

OMG wrote on Mar 23, 2007 11:30 AM:

" LET THE GIRL WEAR THE SHIRT, LET THE KIDS BE GAY WHAT EVER WORKS "

bigups wrote on Mar 23, 2007 10:44 AM:

" This is hard , because people don't choose to be gay...some may but not all choose to be. I just think this is lashback for people putting their race/religion/sexual preference at the for front. I am a Straight White Male, at last check I was still the majority but I have no voice in the main stream media or politics ...after a while it gets olds hearing about others issues... "

To: Just A Guy wrote on Mar 23, 2007 9:34 AM:

" And yet another reason ALL schools should refrain from taking part in the "Day of Silence." "

Boomer wrote on Mar 23, 2007 7:50 AM:

" Wow... I am amazed that peopel arent willing to stand up for anything any more. I support the student. We have lost all the values this country was founded on ... the direction is scary ! "

Michael Schumann wrote on Mar 22, 2007 11:32 PM:

" To BlogHog: "...begin to take offense." Given the majority's long history of engaging in verbal, emotional, financial and physical attacks against those in any minority, your implied threat is moot. You cannot "start" or "begin" to do things that you have already been doing throughout all of history. Nor is there a single "Dedicated color" There are six colors on the Rainbow Pride Flag, four colors on the Leather Pride Flag and seven on the Bear Pride Flag. If you would attend a Gay Pride Event you would see a swirl of color, just as you do at Carnival in Rio or Mardi Gras in New Orleans. "

Just A Guy wrote on Mar 22, 2007 11:31 PM:

" And yet another reason why ALL schools should have a mandatory uniform. "

BlogHog wrote on Mar 22, 2007 9:24 PM:

" What is with these special interest groups and minorities (that is not a racist comment, it refers to a group of lesser quantity) that convinces these people constitutional liberties apply only to them?? Here's a secret. Most of us could care less about your sexuallity so stop making an issue of it! Geeezzz.....gay marches, logos, lobbyists, even a dedicated color. Don't be surprised when the majority (again, a group larger in number) begin to take offense. "

To M wrote on Mar 22, 2007 9:20 PM:

" Huh? How did this kid discriminate against gays? Would it have been ok for a gay student to wear a "be gay, not happy" shirt. You're right, live and let live. And BTW, leave this kid alone. "

M wrote on Mar 22, 2007 9:10 PM:

" It's okay to be straight and proud. It is not okay to discriminate against anyone who isn't. Live and let live. "

To Chelly and Biandproud wrote on Mar 22, 2007 7:34 PM:

" The school did sponser this day. It was a sponsored day that the school proposed and supported. The bottom line is that there is no place for this in an educational setting. I have no problem with gay or lesbians. To have this put in your face and the school back this up is ridiculous. Imagine "biandproud" the idea of someone saying "black and proud" or whatever could be taken as offensive to white people. The idea of homsexuality to a strong christian family could be taken offensively as well. "

To:Reality wrote on Mar 22, 2007 6:51 PM:

" I wondered when someone was going to bring up the fact there isn't "silence" anymore. I have one friend in his own words "is as queer as a 3 dollar bill" and he talks about his partner openly. "

To: y h t b kidding me wrote on Mar 22, 2007 6:47 PM:

" I don’t recall the article mentioning the “offenders” level of education. Your sentence construction reminds me of a second grader’s attempt to write a short story, (my apologies to the second graders out there), yet you feel the need to attack the intellect of someone you have never meet. Just because these teenage girls have a backbone and were not afraid to express their opinions surely doesn’t make you superior to them. Maybe these girls didn’t want the time they spent quietly studying or just keeping to themselves to be misconstrued as their recognition of gay awareness. Some of you are saying that all students need to recognize the gay lifestyle as acceptable and others are saying that the girls had no right to state their opinion. IN MY OPINION, both are wrong. "

Pink Floyd wrote on Mar 22, 2007 6:20 PM:

" Why is it the liberals support flag burning, burning a soldier in effigy signs of hatred calling our leaders Hitler or Nazis and call it their first amendment rights but when it goes against their cause/beliefs its wrong and banned? "

Reality wrote on Mar 22, 2007 5:59 PM:

" You can call me any names you want I really dont care, but being gay is just wrong and a crime against nature. This gayness attitude of todays world is being shoved down our throats where ever we turn. T.V. Radio, Newspapers, Internet and so forth. If the gay community wants to publicise their gayness then the straight community has the same rights to express how we feel. "

To Chelly wrote on Mar 22, 2007 4:14 PM:

" So if you ran the school, you would allow straights to have a "silence" day to recognize their sexual orientation? I'm guessing not. But if so, at least you're being consistent. "

to Biandproud wrote on Mar 22, 2007 4:04 PM:

" If you don't flaunt your sexuality, then who would know what it is? Something tells me your not telling the whole story. "

Chelly wrote on Mar 22, 2007 3:54 PM:

" The school didnt sponsor a pro gay day it allowed students who wanted to be silent to do so. So they were right not to allow the shirt. IF she wanted to be silent one day she could have, but she CHOSE to wear an inflammatory shirt which she knew was against school code and cried foul when they enforce it. I see no difference between this case and the girl in Ca that wore Pooh socks. Violate the dress code and be prepared to deal with the consequences. "

Just Wait! wrote on Mar 22, 2007 3:49 PM:

" Libs who think conservative Christians are introlerant are in for a rude awakening as the Islamic population grows. Homosexuals are eligible for the death penalty in some Middle Eastern countries. I don't think they'll be too happy with the Heather Has 2 Mommies books, and special gay days. "

Heather wrote on Mar 22, 2007 3:04 PM:

" If she had to be a part of "Silence Day" in support of gays, then she should be allowed to voice her opinion of said day. If the school is trying to be a"common ground" where opinions are not allowed, they should not have held this "pro-gay" day. "

Jon wrote on Mar 22, 2007 2:47 PM:

" I don't see where the malice against this girl is coming from, liberals. You know as well as I do that anyone THAT religious is going to end up married and pregnant 3 months after graduating high school and she will undoubtebly live out the horrific misery of her faith for the rest of her life. I went to high school with numerous girls just like this Heidi - they are all now either doing scat films on the internet or weigh 300 pounds and shop at wal-mart on one of those motorized carts encircled by 5 or 6 rag-doll children with leaky diapers. "

Alphonse wrote on Mar 22, 2007 2:43 PM:

" I think a lot of people here are pointing out false double standards. If someone wore a shirt that said "gay and proud, don't be straight" on the day of silence, that wouldn't have been ok either. That's why this is not an injustice. The day of silence isto bring awareness to gay people living in silence in this country, afraid to be themselves out of what is often a very legitimate fear of ostracization, or worse. The student who is suing responded in a negative way. Schools are allowed to curtail prejudices and bigotry so that an unsopportive, sometimes hateful environment doesn't get in the way of learning. That's a good thing. "

TO: Biandproud wrote on Mar 22, 2007 2:34 PM:

" By someone wearing a shirt stating they are not gay shouldn't offend anyone-they are straight and proud. So if it offends you too bad. Just because you are proud of who and what you are also gives you no more rights than I have however, gay activists think they do. I am so glad you Always Correct Them because I'm sure they appreciate being corrected IN THE NAME OF BEING GAY- "

You have to be kidding me wrote on Mar 22, 2007 2:33 PM:

" You know I don't know what in the world most of you are talking about. The school was having a "special day" for gay rights and two very uneducated individuals did something very dumb. It isn't that people are looking at it as a, "well if one group has free speech rights the opposing side should also." That tends to be a great crutch now a days for any and all group. This is an instance of someone acting in poor taste. Example, if on Martin Luther King Jr Day someone wore a t-shirt with an inflammatory remark on it about MLK it would just be tasteless. People can speak their own mind and hopefully they do, but do it in the right forum. Anyone that can't see that this is the case (this is for both sides) you are all A LOT dumber then you think you are. The sad part is most people are that dumb. "

to "wfs" and "why" wrote on Mar 22, 2007 2:27 PM:

" 'It is ok to have "gay pride" marches. Why is it then not ok to show that you are straight?' It is always ok to show that you are straight. You don't see a lot of straight pride rallies and straight rights movements because they would be pointless: straight is already normal and accepted, and straights already have all the rights. But that's not really what this is about, because the student didn't just say "I'm proud to be straight." Her shirt said "Don't be gay." That's not straight pride, that's homophobia, and like other prejudices and discrimination, it shouldn't be allowed in school. "....do they have a non gay day?I BET NOT!!!!!!!!!!!!!!!!!!!!" Every day in this country is a non gay day. Heteros never have to worry about being harassed or discriminated against by mentioning in public that they're in a hetero relationship, or about being assaulted because of holding their straight lovers hand while walking down the street. Straight is always accepted, and is in no danger of being condemned. I wish I could say the same for homosexuality, too. "

Liberals Remind Me wrote on Mar 22, 2007 2:26 PM:

" Of the little kid who covers his eyes & ears and sings so that he doesn't have to see or hear something he doesn't want. They come up with a "Day of Silence", giving kids a special right to behave differently at school to support a certain point of view. Gee, nothing inflammatory about that! But let some kid wear a t-shirt they don't like, and out they go. I'm glad they're suing. Maybe that will slow down the thought police a little. "

Sure, that's OK... wrote on Mar 22, 2007 2:15 PM:

" so is I'm with the B**** and any other disgusting shirt I've seen people wear. How about the ones with the piece of poo from South Park....suddenly we're outraged by something that has been going on far too long. I would never agree that wearing a shirt that makes fun of someone else, whether it took issue with their race, gender, sexuality, body parts or if it encouraged something totally disgusting. Take the shirt off and wear something respectable. "

DT wrote on Mar 22, 2007 2:13 PM:

" In the landmark Tinker case for school "speech," Justice Abe Fortas famously wrote that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." After that, a federal appeals court in California said schools could ban a T-shirt calling homosexuality shameful because it was "injurious to gay and lesbian students and interfered with their right to learn." In this case, the shirt said nothing injurious to gays. I'd guess that Tinker would hold sway. "

Jennifer wrote on Mar 22, 2007 1:43 PM:

" You can't wear crap like that because it's inflammatory. And to Remember: The "liberals" don't condone hateful crap like that either. "

Stand up wrote on Mar 22, 2007 1:37 PM:

" Sure, homosexuals have the rights to speak their mind, but so do those who don't agree with it. It cuts both ways. I hope she wins. "

why wrote on Mar 22, 2007 1:09 PM:

" did the school think it wasnecseery to have a day like this ....do they have a non gay day?I BET NOT!!!!!!!!!!!!!!!!!!!! "

wfs wrote on Mar 22, 2007 12:53 PM:

" It is ok to drive around with a rainbow flag on your car. It is ok to have "gay pride" marches. Why is it then not ok to show that you are straight? This girl is in the right here. She should be able to wear what she wishes, to a point. If there was a disrurtion in class that point should have been made. However, if I see two individuals of the same gender kissing, cuddling, fondling, etc. there would be a disruption. If I saw a grown man with rainbows all over his "man purse" or he was wearing the popular "love my weiner" t-shirt I would be disturbed. This goes all around. I am not "homophobic". A phobia is a fear. I think that what people do behind closed doors is their thing. But, I do not believe it to be fair to run around forcing rainbows, tight jeans, and forced feminine accents on me. "

RE: Remember wrote on Mar 22, 2007 12:50 PM:

" Sorry I forgot, neo-cons and the Bush administration have always been the defenders of liberty. Tapping phones, torturing prisoners, ending due process. Good point! "

to everyone wrote on Mar 22, 2007 12:25 PM:

" Please tell me why she doesn't have the right to express her opinion. Just because you don't like her opinion doesn't mean you can shut her up. Maybe others don't like your opinion. Would you like to be shut up? Geeze, I thought we all learned about free speech in Jr. High. "

Another liberal showing their true colors wrote on Mar 22, 2007 12:16 PM:

" What is it with liberals wanting to continue to put moral behavior into protected categories? Should we just add the seven deadly sins as protected classes under the constitution? Except for greed of course...that needs to be taxed. The school is already affording gay students special rights to "not talk", yet restricting the free speech of those opposed to the behavior choices of the gays. "

Alphonse wrote on Mar 22, 2007 11:50 AM:

" Settle down, Chuck. Heidi Zamecnik's shirt read, "MY DAY OF SILENCE, STRAIGHT ALLIANCE" and "BE HAPPY, NOT GAY." Now while it's silly to suggest that straight people have to live in silence, there isn't really anything deragatory on the front of her shirt, it's just a little straight pride. But because the back of it was saying don't be gay, it's pretty obvious that she wasn't only focusing on her right to be straight. She pointedly disparaged gay people, which should not just get a blind eye in a public school. And you too, Another Christian showing... We don't really know if the girl was Christian or not. Just because a conservative Christian law firm represented her doesn't mean she represents a trend of Christian intolerance. "

J wrote on Mar 22, 2007 11:47 AM:

" The student did not discriminate against anyone. Once again, if someone in the majority exercises their right to speak their mind and it offends others, that is not discrimination. Protection against being offended is not part of the Constitution. The statements were not derogatory, and no hateful remarks we made. If a student proposed a Christian Day at a public school, I would just about guarantee that wouldn’t be allowed. For all of you that are going to jump up and say “Separation of Church and State” would prohibit that, you are incorrect. The only document that addresses this is the Establishment Clause, which basically states that Congress cannot establish a national religion and that the government cannot prohibit anyone from practicing his or her religion. Why is “gay and proud” acceptable, but “not gay and proud” offensive? "

The student has... wrote on Mar 22, 2007 11:46 AM:

" every right to free speech. In this case it is about her choice on an issue of morality. "

Another Christian showing their true colors: wrote on Mar 22, 2007 11:30 AM:

" What is it with Christian people who love to show their intolerance and prejudice? As "Biandproud" said, if someone wore a shirt saying "gay all the way, straight is wrong," that person would be asked to remove the shirt or mark out the hateful comments. So why do christians think it's okay for them to express their prejudice and intolerance and not be reprimanded for it? "

Steve wrote on Mar 22, 2007 11:02 AM:

" She got everything she deserved and deserves more. If her t-shirt had read "Be Happy, Be White" would that have been tolerated? "

Corey Smellmore wrote on Mar 22, 2007 11:01 AM:

" I think this is outrageous. These kids should not be so homophobic. Most of my friend's except for my buddy Drew are gay and I love to hang out with them. They are sooooo fun! "

Most schools wrote on Mar 22, 2007 10:51 AM:

" have a handbook that disallows clothing of a nature that would cause a disruption in class. I would say that shirt would qualify. The administrators were perfectly correct in asking her to change her shirt. "

Li'l Johnny wrote on Mar 22, 2007 10:37 AM:

" Agree or disagree with the words on the shirt, I don't know of any High School that allows T-shirts with inflammatory pictures or phrases. School is all about teaching differences. Different cultures, different races, different beliefs. It is not or should not be a place that tolerates abuse of those differences. Wear the T-shirt at home, wear it to a friends house, wear it to the mall, just don't bring hate to school on a T-shirt! "

Remember wrote on Mar 22, 2007 10:35 AM:

" The liberals tell us free speech only applies if it is not contrary to their agenda. "

Chuck in Normal wrote on Mar 22, 2007 10:20 AM:

" I think she was focusing on her own life and "Her" right to be straight. So get over yourself Bi-one and stop tring to force your view on other who don't care. "

So What. wrote on Mar 22, 2007 10:05 AM:

" Life goes on. Get over it. The sun will continue to rise in the east like it always has. "

Biandproud wrote on Mar 22, 2007 9:39 AM:

" She has no right to disciminate against the gay students there, which is what she did. By wearing that t-shirt she has offended people who didn't chose to be the way they are. As a bisexual student in a Catholic high school, I truly value my sexuality because i have to deal with people harrassing me everyday. I don't flaunt my sexuality and I do not appreciate it when the kids use diragitory terms like 'fag' or 'That's so Gay.' I always correct them. I would never wear a t-shirt that says 'Gay all the way, Straight is wrong!' At my school, I would be pusished for that. Its the same as saying 'White is superior, be white!' on a t-shirt and expecting people to be ok with it, and saying it impeaded constitutional rights! This girl needs to leave my sexuality alone and focus on her own life. "

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