Student can't sue over harassment rule

Associated Press
Published on: 04/10/08

Ashland, Ky. —- A Kentucky high school student won't be allowed to proceed with a lawsuit against his school district for instituting a policy that barred him from expressing his opposition to homosexuality, a federal appeals court ruled Wednesday.

The U.S. 6th Circuit Court of Appeals, in a 2-1 vote, said Boyd County High School student Timothy Morrison failed to show that he was harmed by the policy, which was later changed. It also said Morrison didn't show how winning a lawsuit seeking only $1 in damages would rectify his situation.

The ruling is a reversal of a previous ruling that held Morrison should be allowed to pursue the lawsuit.

Morrison sued the Boyd County school district over a policy that required students to undergo anti-harassment training. He claimed the policy threatened him with punishment for expressing religious beliefs in opposition to homosexuality. He is a professed Christian who says he believes his religion requires him to speak out against what he sees as behavior that doesn't comport with his understanding of Christian morality.

Morrison was never punished under the policy, which was later changed to exempt speech that would normally be protected off campus. The school district adopted the policy as part of a legal settlement that ended a lawsuit between the district and a now-defunct gay-rights group.

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