School officials had prohibited Nuxoll from wearing a t-shirt that read, “Be Happy, Not Gay,” but with Monday being the National Day of Truth, the 7th Circuit acted quickly to allowing him to express his opinion. Nate Kellum with ADF says this will not be the end of the fight.

“What we have still is some lingering issues regarding the policy as a whole.  There’s still a policy in place that precludes any negative statement about homosexuality.”

He calls the policy ‘discriminatory.’

“There’s no question that it’s discriminatory because what you have is a whole day that is set aside by the school and in fact it’s even promoted by the school, that allows for students to wear t-shirts such as ‘Be Who You Are,’ and things of that nature where they’re promoting sexual behavior.”

“They are allowing that viewpoint and yet they completely squelch the opposite viewpoint.”

The Alliance Defense Fund says cases like this one are important to the protection of religious speech. Today is the National Day of Silence, and the school’s Gay Straight Alliance says t-shirts and pamphlets that express a biblical view of sexuality are hate speech and a form of bullying.  Jeff Johnston is with Focus’ Love Won Out conference.

“To shut down the student, the Christian who wants to express his opinion is a kind of bullying by the state or by the school.”

Kellum and ADF will continue to pursue the case in court.