9th Circuit declines review in anti-homosexuality T-shirt case

SAN FRANCISCO (BP)--A student who wore a T-shirt condemning homosexuality to protest his school's participation in the Day of Silence has lost a lawsuit at the full U.S. Ninth Circuit Court of Appeals, although five dissenting judges criticized the school -- and thus the court's majority -- for supporting "blatant viewpoint discrimination."

The full court declined July 31 to review the case, which eventually could be appealed to the Supreme Court. The case involves a former high school student, Chase Harper, who as a sophomore at Poway (Calif.) High School in 2004 was removed from class for wearing a T-shirt that read on the front, "Be Ashamed, Our School Embraced What God Has Condemned," and on the back read, "Homosexuality Is Shameful, Romans 1:27."

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