201(a): "all students have the right to participate fully in the educational process free from discrimination and harassment."

Wearing a shirt against a certain group of people is an act of discrimination and can make students feel unsafe in their school environment.  Students who feel uncomfortable because they are discriminated against in their schools often miss school and are more likely to drop out.  Even if this is not the law in the state, if the school has adopted a non-discrimination policy, wearing an anti gay shirt would fall under discrimination.  The school is within its rights to make non-discrimination policies that protect students, even if it takes away their students rights to say offensive things to other students, which is the same thing as this t-shirt, just in a visual form instead of audio form.  

234.1(b)(1)  If school personnel witness an act of discrimination, harassment, intimidation, or bullying, he or she shall take immediate steps to intervene when safe to do so.

The school did exactly that.  They barred the student from wearing the shirt until the ACLU threatened to sue claiming first amendment rights.  In schools, first amendment rights don't go as far in order to keep students safe.  This was a targeted act of discrimination against a certain type of people.  Had this been done verbally, the school would have been within it's rights to stop it, but because it was on a t-shirt, it sparked some controversy.  

Students have a right to feel safe in schools. Keep discrimination out of the dress code.  

to comment