Federal Judge Rules in Favor of Gay Rights Expression
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Updated: 8:59 PM May 13, 2008
Federal Judge Rules in Favor of Gay Rights Expression
Defense attorneys say the Holmes County school board will make every effort to comply with Judge Smoak's ruling.
Posted: 6:28 PM May 13, 2008

Judge Rules in Favor of Student
Judge Smoke Decides in Favor of Heather Gillman
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A Ponce De Leon high school student sued the Holmes County school board over the issue, claiming Davis violated her right to free speech. Today a federal judge ruled that student, Heather Gillman, was right and the school system was wrong.

It's been a tough battle for Heather Gillman and her attorneys, but both believe it was worth the fight. Tuesday afternoon federal judge Richard Smoak ruled in favor of Gillman in her free speech case against the Holmes County School Board. The defense argued that gay pride symbols disrupt the classroom, but Smoak struck down that defense.

"I was just happy that the court ruled the way they did and I get to show my support for gays and lesbians," said Heather Gillman, the plaintiff.

The ruling takes effect immediately, so beginning Wednesday students can wear their pride gear without fear of punishment. Some say they can't wait to do so.

"I'm going to wear my belt now. My belt that has the gay pride flag on it," said Adrienne Harris, a student.

"It makes me feel great. I'm glad I can wear my stuff now," said Frank Coley, a student.

Gillman's attorney says this case could be important in the future.

"It doesn't set precedent as a legal matter, but it certainly particularly in light of what I thought was a brilliant decision by the judge, ought to be influential in any other kind of case that raises these same issues," said Garrard Beeney, Gillman's attorney.

Supporters of Gillman say they couldn't be happier.

"It's them. It's not about the parents. It's about these kids because they have a right to have freedom of speech, and if you can't have that in America then we need to take that off our money," said Teresa Cottle, a parent.

Judge Smoak warned school officials against retaliatory actions against the students who choose to support homosexuals.

The school district is also required to notify high school and middle school students in-writing that they're now allowed to express support for equal treatment to homosexuals.

Defense attorneys say the Holmes County school board will make every effort to comply with Judge Smoak's ruling.


Latest Comments

Posted by: a Location: pdl on May 19, 2008 at 10:09 AM

Ok.. if homos have the freedom of speech why cant we as homophobes speek our mind too? I am a homophobe and its horrible to see people act this way about them wanting to support gays! Its an abomination to GOD!! Thats all that should matter!! You all should read the Bible!! Those who are homosexual will not enter the gates of Heaven!! Just think about that!!
Posted by: Ray Location: New Jersey on May 18, 2008 at 01:57 PM

It is about time that school boards, teachers and administrators learned that they are not supreme autocrats. This is not the first case of this type, it seems there are several every year. It looks like that there is always some hick principal or school board that just has not gotten the memo telling them that the US Constitution applies to students as well. The crime here is that the school board was foolish enough to go along with the principal. I guess educational acheivment in this school is so high that they have nothing better to do with money than mount a frivilous defense to what should have been settled in 5 minuted with an apology to the students.
Posted by: L Location: Alabama on May 15, 2008 at 10:32 AM

This is a great ruling in that it protects and upholds the free speech right of ALL of us. Whether you agree with this girl or not, this is a ruling that protects you too. I think you are also allowed to wear your christian t-shirts or anything else, so long as it does not endorse an illegal activity or violence and does not promote the stripping away of the rights of others. Incidentally, there is NO prohibition against children praying in schools... it happens daily; only against adminstration FORCING students to pray. We are a diverse people. We should respect each other's opinions, ideals, and even lifestyles even if we don't personally agree with them. Incidentally, nobody (gay or straight) is asking for special rights, only equal rights. If you don't like me, thats fine. But you have NO right to hinder my life, liberty, and pursuit of happiness. It is a great day when our young people are taught about tolerance, respect, personal freedoms & rights, AND diversity. THATS progress
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