Federal Judge Rules in Favor of Gay Rights Expression

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Posted: 6:28 PM May 13, 2008
Last Updated: 8:59 PM May 13, 2008

11 comments

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.

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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

Posted by: Sailor on May 14, 2008 at 10:43 PM
1) The kids could already wear confederate flags and hetero shirts. 2) Kids have always been able to pray in school. 3) Kids have always always been sexually aware in high school.

Posted by: Chris Location: Massachusetts on May 14, 2008 at 09:37 PM
WOW...some of these comments are great, but I can't believe how closed minded some others are. Thanks Marcell and Jason. Shame on the rest of you. This is a simple case of everyone having the right to be themselves and comfortable in the world they live. It is sad that people like the principle and members of the school board that are using their power to suppress gay rights. Come to the 21st century. To Connie: You know if your kid wants to pray by themself, there is nothing the school can or should do about it. The school just can't force people to pray. There is nothing wrong with praying in school. To Gramma: I don't think you would have a problem if someone wore a shirt supporting heterosexual rights, would you? I didn't think so. It is that kind of heterosexism/genderism/racism/classism/etc. that are dividing this country internally and will eventually lead to the downfall of our country. Way to Go!

Posted by: James Location: Panama city on May 14, 2008 at 12:34 PM
Looks like we now can wear our Confederate flag shirts, Christian shirts and whatever else the liberal crybabies whine about..

Posted by: Connie Location: Caryville, Florida on May 14, 2008 at 11:23 AM
It's hard to believe that my children are not supposed to pray at school but yet can demonstrate "gay pride" due to a "Freedom of Speach" court ruling. What kind of "Freedom of Speach" Right is that? The United States of America was based on "In God We Trust", not "Gay Pride We Trust". It is a sad day in Ponce de Leon for all. Signed: Ponce de Leon High School Parent.

Posted by: Marcell Location: Panama City on May 14, 2008 at 10:01 AM
I am a 33 year old mom to 5. 1 boy and 4 girls, at lest 3 out of my 5 are unshur as to how thay are. "gay or strat" that is a chows only thay can make. And we suport thim in whatever it may be. As only God can judg you. As a Mom of the LORD I am asked all the time how can I exsept a gay child, Easy! Only God can jude, Not 'I'. If being gay is what makes my children happy, thin thay are gay, God made thim and God gides thim, And I see nothing rong whit being Happy, I am glad thar are thows out thar that makes the path easer for my children how deside to follow. thay look to you to know it is oky or be thimselfs and if others try and stop you or condim thim for how you are or what you chows, Thar is acsion that can be taken. You are a rollmodul to the youth of your time. and you have make a big step for thows how fallow. I thank you and my children do also. we need to have more peapul out thar like you. to lead the path of our youth

Posted by: Gramma Location: Springfield on May 14, 2008 at 09:15 AM
This decision is setting a legal precedent for public expressions of support for a lot of issues some of which may be considered even more immoral by the rest of society. Sexual orientation is NOT a school subject and is disruptive to an environment where the majority are heterosexual and Christian. Holmes County must go to a uniform to over rule this bad legal decision. The desire of that young girl to support her cousin's homosexuality should have remained in her home, not in her school.

Posted by: Steve Russ on May 14, 2008 at 04:01 AM
Now, WHAT about our Confederate stuff?

Posted by: Jason Location: Salt Lake City on May 13, 2008 at 10:37 PM
That is great, sometimes the legal system works nicely for the rights all people deserve.

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