Harper V. Poway Unified School District Court Case Analysis

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In Koppelman’s (2014) book Understanding Human Differences: Multicultural Education for a Diverse America, one chapter specifically deals with the controversial issue of sexuality and its role in this society. Koppelman explains how the idea of homosexuality was typically regarded as immoral and unacceptable. There was a build up of personal discrimination and homophobia based on homosexuality misunderstandings. In recent times however, there has been more acceptance, tolerance, and knowledge of it. Moreover, there has been information on the intricacies concerning sexual orientations—even enforcing policies to encourage equal rights. These legal rulings have also played a significant role in the educational systems. Administrators now more …show more content…
Poway Unified School District court case, Tyler Chase Harper wore a t-shirt to school on the Day of Silence saying, “Homosexuality Is Shameful” and that the school “had accepted what God has condemned.” Harper refused to remove the t-shirt and administrators subsequently penalized him. They thought the discriminatory phrases obstructed the freedom of expression clause. It had already led to classroom distractions and they dealt with previous disruptions because of contradictory views about homosexuality. In rebuttal of their decision, Tyler sued but the U.S. District Court for the Southern District of California and the 9th U.S. Circuit Court of Appeals panel ruled in favor of the school. Judge Stephen Reinhardt thought that the slogan interfered with the right of other students to be free from “verbal assaults on the basis of a core identifying characteristic such as race, religion, or sexual orientation.” The US Court of Appeals for the Ninth Circuit panel determined that speech protected outside a public school is not necessarily protected on school grounds (Weinstein, 2006). Administrators were always required to tolerate diversity but looking at the outcome of this ruling, they have a stronger responsibility to protect students and their identities. They must be extremely mindful of the lesson details, visual aids on posters, brochures, and student displays. In addition, instructional materials and activities that are taught or seen around the school should not exclude, ridicule, or victimize against any student based on sexual preference or sexual identification. Principals should also prepare for meeting with nontraditional families and ensure inclusion of the school community members as well. Including more gender-neutral language is another change that has impacted instructors since not adhering or accepting the new social structure of homogeneity can be considered an unlawful defilement of their identity. With that said, by allowing a

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