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Federal Judge Declares Mich. High School Violated Constitutional Rights of Christian Student During Homosexual Diversity Week

Contact: Brian Burch of the Thomas More Law Center, 734-827-8188 (Direct) 734-730-1018 (Mobile)

ANN ARBOR, Mich., Dec. 5 /U.S. Newswire/ -- In a strongly worded opinion, Detroit Federal Judge Gerald Rosen upheld the right of a Christian student to express her religious beliefs in opposition to homosexuality during her high school's "Diversity Week" program that was designed to promote the homosexual agenda.

The case involved a federal lawsuit filed by the Thomas More Law Center, a national public interest law firm, on behalf of student Betsy Hansen whose religious views against homosexuality were censored and excluded from the 2002 "Diversity Week" program held at Ann Arbor's Pioneer High School.

Richard Thompson, president and chief counsel of the Law Center, applauded Judge Rosen for his strongly worded opinion, "Judge Rosen displayed judicial courage by refusing to bend to the winds of political correctness, and he decided the case according to the well established law. This is a tremendous victory for the First Amendment rights of Christian students and a tremendous defeat for those who consider public schools as their private platform to advance the homosexual agenda."

Robert Muise, the Law Center attorney handling this case, commented, "We are extremely pleased with the result. It is a complete vindication of our clients' constitutional rights. This case should be a warning to school officials across this country: stop using the public schools as a forum to promote the homosexual agenda."

During the 2002 Diversity Week program, Pioneer High School officials prevented Hansen from expressing her Roman Catholic view on homosexuality at the "Homosexuality and Religion" panel, and they censored a speech she was asked to give on the topic, "What Diversity Means to Me." School officials claimed that Betsy's religious view toward homosexuality was a "negative" message and would "water-down" the "positive" religious message that they wanted to convey -- that homosexual behavior is not immoral or sinful. School officials handpicked religious leaders who endorsed the school's pro-homosexual "religious" belief to sit on the panel, and they denied Hansen's request to have a panel member who would express the Roman Catholic belief on homosexuality.

"This case presents the ironic, and unfortunate, paradox of a public high school celebrating 'diversity' by refusing to permit the presentation to students of an 'unwelcomed' viewpoint on the topic of homosexuality and religion, while actively promoting the competing view. This practice of 'one-way diversity,' unsettling in itself, was rendered still more troubling-both constitutionally and ethically-by the fact that the approved viewpoint was, in one manifestation, presented to students as religious doctrine by six clerics (some in full garb) quoting from religious scripture. In its other manifestation, it resulted in the censorship by school administrators of a student's speech about "what diversity means to me," removing that portion of the speech in which the student described the unapproved viewpoint.

All of this, of course, raises the question, among others presented here, of what 'diversity' means and whether a school may promote one view of 'diversity' over another. Even accepting that the term 'diversity' has evolved in recent years to mean, at least colloquially, something more than the dictionary definition, the notion of sponsorship of one viewpoint to the exclusion of another hardly seems to further the school's purported objective of 'celebrating diversity.' In this context, it would do well to recall the Supreme Court's admonition in another school speech case:

In our system, state-operated schools may not be enclaves of totalitarianism ... (and) students may not be regarded as closed- circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved." (quoting from Tinker v. DesMoines Indep. Cmty. Sch. Dist., 393 U.S. 503, 511 (1969)).

The federal civil rights lawsuit filed by the Thomas More Law Center alleged that school officials violated Hansen's constitutional rights to freedom of speech, free exercise of religion, and the equal protection of the law. Moreover, the lawsuit alleged that school officials coerced students to accept the religious belief that homosexual activity is not immoral or sinful in violation of the constitution.

Judge Rosen held that the Ann Arbor Public Schools and several of its employees violated Hansen's constitutional rights to freedom of speech and the equal protection of the law. He also concluded that the school officials violated the Establishment Clause by inviting the pro-gay clergy to hold a panel on "Homosexuality and Religion." Rosen instructed Hansen's attorneys to file with the court an application for attorneys' fees, which could cost the Ann Arbor Public Schools up to $100,000.

The Thomas More Law Center defends the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities. The Law Center provides its services at no charge, and depends on individual donations, foundations, and corporations for financial support. The IRS recognizes the Law Center as a 501(c)(3) organization and donations are tax deductible. Contact the Law Center at 734-827-2001 or visit its website at