Gillman v. Holmes County School District, 567 F. Supp. 2d 1359 (N.D. Fla. 2008), was a decision in the Northern District of Florida which upheld a student's First Amendment right to express pro-gay sentiments at Ponce de Leon High School.
In early September 2007, a lesbian student at Ponce de Leon High School in Ponce de Leon, Florida, reported anti-gay harassment from fellow students to the school's principal, David Davis. The student reported that Davis told her being gay was wrong and she should not advertise her sexual orientation. To show support for the student who complained, a group of students began to write "GP," "gay pride," and other pro-gay slogans on their arms, clothing, and book binders. In response to a rumor that Davis had invited an anti-gay preacher to speak at the school, the group of students discussed walking out of the assembly in protest. When the rumored "morality assembly" did occur on September 12, 2007, no students walked out.[1]
In the days following the assembly, Davis called in the students who were displaying pro-gay messages to ask them about their sexual orientations and instruct them not to wear rainbow belts or to write "GP" or "gay pride" on their arms or notebooks. One of the questioned students was plaintiff Heather Gillman's cousin. On Friday, September 21, 2007, and Monday, September 24, 2007, Davis suspended eleven students, including Heather's cousin, for five school days each for their involvement in exhibiting pro-gay messages. As grounds for the suspensions, Davis alleged that the students belonged to a "secret society" or "illegal organization",[2] had threatened to walk out of a school assembly, and had disrupted the school.[3]
To show support for her cousin, eleventh-grade student Heather Gillman wore a rainbow belt and a T-shirt that said "I support gays" to school. When she was not disciplined, she sought clarification from the School Board on its policies regarding pro-gay expression and clothing.[4] The School Board's attorney responded that all pro-gay symbols and slogans were banned because they would "likely be disruptive and interfere with the educational process."[2] He also alleged that such symbols represented membership in an "illegal organization."
Decisionedit
Judge Smoak found that the events at Ponce de Leon High School in September 2007 were insufficiently disruptive to justify a ban on the students' free speech and that Davis unlawfully banned the speech at issue because of his own personal viewpoint on the issue of homosexuality. The judge also found that the School Board, despite its claims, was equally at fault in the suppression of free speech, since it was aware of the dispute and failed to conduct a thorough investigation.
The judge permanently enjoined the School Board and "all... persons or entities" associated with it from restraining, prohibiting, or suppressing any student within Holmes County School District from expressing their support for the respect, equal treatment, and acceptance of gays and lesbians.[3] The judge's order also warned the district not to retaliate against students because of the lawsuit.[5]
^ACLU complaint filing, accessed February 16, 2010
^ abSchool Board response letter, accessed February 16, 2010
^ abGillman v. Holmes County School District, 567 F. Supp. 2d 1359 (N.D. Fla. 2008).
^ACLU request for clarification, accessed February 16, 2010
^Principal Said Rainbows Are "Sexually Suggestive", accessed February 16, 2010
Other sourcesedit
Associated Press: "Federal judge raps Fla. principal for treatment of gay students," July 29, 2008 February 9, 2010, at the Wayback Machine, accessed February 19, 2010
Associated Press: "Fla. town backs ex-principal in campaign against gay students," August 22, 2008 February 9, 2010, at the Wayback Machine, accessed February 19, 2010
WJHG: , accessed February 19, 2010
External linksedit
Text of Gillman v. Holmes County School District, 567 F. Supp. 2d 1359 (N.D. Fla. 2008) is available from:CourtListenerGoogle ScholarLeagle
January 23, 2024
gillman, holmes, county, school, district, supp, 1359, 2008, decision, northern, district, florida, which, upheld, student, first, amendment, right, express, sentiments, ponce, leon, high, school, courtunited, states, district, court, northern, district, flori. Gillman v Holmes County School District 567 F Supp 2d 1359 N D Fla 2008 was a decision in the Northern District of Florida which upheld a student s First Amendment right to express pro gay sentiments at Ponce de Leon High School Gillman v Holmes County School DistrictCourtUnited States District Court for the Northern District of FloridaFull case nameHeather Gillman through next friend and mother Ardena Gillman v School Board for Holmes County FloridaDecidedJuly 24 2008Docket nos 5 08 cv 00034Citation s 567 F Supp 2d 1359Court membershipJudge s sittingRichard SmoakKeywordsLGBT rights schools Contents 1 Background 2 Decision 3 See also 4 References 5 Other sources 6 External linksBackground editIn early September 2007 a lesbian student at Ponce de Leon High School in Ponce de Leon Florida reported anti gay harassment from fellow students to the school s principal David Davis The student reported that Davis told her being gay was wrong and she should not advertise her sexual orientation To show support for the student who complained a group of students began to write GP gay pride and other pro gay slogans on their arms clothing and book binders In response to a rumor that Davis had invited an anti gay preacher to speak at the school the group of students discussed walking out of the assembly in protest When the rumored morality assembly did occur on September 12 2007 no students walked out 1 In the days following the assembly Davis called in the students who were displaying pro gay messages to ask them about their sexual orientations and instruct them not to wear rainbow belts or to write GP or gay pride on their arms or notebooks One of the questioned students was plaintiff Heather Gillman s cousin On Friday September 21 2007 and Monday September 24 2007 Davis suspended eleven students including Heather s cousin for five school days each for their involvement in exhibiting pro gay messages As grounds for the suspensions Davis alleged that the students belonged to a secret society or illegal organization 2 had threatened to walk out of a school assembly and had disrupted the school 3 To show support for her cousin eleventh grade student Heather Gillman wore a rainbow belt and a T shirt that said I support gays to school When she was not disciplined she sought clarification from the School Board on its policies regarding pro gay expression and clothing 4 The School Board s attorney responded that all pro gay symbols and slogans were banned because they would likely be disruptive and interfere with the educational process 2 He also alleged that such symbols represented membership in an illegal organization Decision editJudge Smoak found that the events at Ponce de Leon High School in September 2007 were insufficiently disruptive to justify a ban on the students free speech and that Davis unlawfully banned the speech at issue because of his own personal viewpoint on the issue of homosexuality The judge also found that the School Board despite its claims was equally at fault in the suppression of free speech since it was aware of the dispute and failed to conduct a thorough investigation The judge permanently enjoined the School Board and all persons or entities associated with it from restraining prohibiting or suppressing any student within Holmes County School District from expressing their support for the respect equal treatment and acceptance of gays and lesbians 3 The judge s order also warned the district not to retaliate against students because of the lawsuit 5 See also editHenkle v GregoryReferences edit ACLU complaint filing accessed February 16 2010 a b School Board response letter accessed February 16 2010 a b Gillman v Holmes County School District 567 F Supp 2d 1359 N D Fla 2008 ACLU request for clarification accessed February 16 2010 Principal Said Rainbows Are Sexually Suggestive accessed February 16 2010Other sources editAssociated Press Federal judge raps Fla principal for treatment of gay students July 29 2008 Archived February 9 2010 at the Wayback Machine accessed February 19 2010 Associated Press Fla town backs ex principal in campaign against gay students August 22 2008 Archived February 9 2010 at the Wayback Machine accessed February 19 2010 WJHG Federal Judge Rules in Favor of Gay Rights Expression May 13 2008 accessed February 19 2010External links editText of Gillman v Holmes County School District 567 F Supp 2d 1359 N D Fla 2008 is available from CourtListener Google Scholar Leagle Retrieved from https en wikipedia org w index php title Gillman v Holmes County School District amp oldid 1175142841, wikipedia, wiki, book, books, library,
