A federal court has ruled for the second time that a high school student is not permitted to wear a shirt on school premises which displays an anti-gay slogan.

A request for a temporary injunction has been denied by Judge William Hart to allow sophomore Neuqua Valley High School student Alexander Nuxoll to wear his shirt with the slogan “be happy, not gay” to protest against a National ‘Day of Silence’ where shirts, stickers and buttons are worn by students to show support towards gay and lesbian students.

On a previous ruling in the case, Judge William T. Hart ruled that schools have the right to dictate a dress code.

“The [school] board and school administrators have engaged in a considerable effort to create a positive and tolerant school environment with an emphasis on respectful attitudes and discourse.”

Another student involved in the same controversy in 2006 was Neuqua peer Heidi Zamecnik who was told that she could not wear the shirt or she had to leave the school as students and staff found the shirts to be offensive.

Tags: glbt