Anti Prop. 8 T-shirt sparks civil rights argument
Big Bear High School student Mariah Jimenez should be allowed to wear the "Prop. 8 Equals Hate" T-shirt she was banned from wearing on campus, according to the American Civil Liberties Union.
The 16-year-old sophomore, who serves as her class president, wore the tie-dyed T-shirt to school on Nov. 3, the day before voters approved the controversial law prohibiting same sex marriage in California.
Jimenez's sixth period teacher, Sue Reynolds, ordered her to remove the shirt during a meeting of the associated student body.
When Jimenez protested, Reynolds sent her to the principal's office.
"She said I shouldn't be wearing such divisive shirts, and my shirt draws a line down the school," said Jimenez, who also plays on her school's golf and softball teams and has been involved in school politics since the seventh grade.
Principal Michael Ghelber gave Jimenez an ultimatum: remove the shirt or remain in his office.
Under protest, Jimenez removed the T-shirt and returned to class. Then, she went to the ACLU.
"I would really appreciate the acknowledgement that my rights were violated, because when it comes down to it, that's what happened," Jimenez said.
Ghelber and Bear Valley Unified Superintendent Carole Ferraud didn't return repeated telephone calls seeking comment.
Peter Bibring and Lori Rifkin, attorneys for the ACLU of Southern California, sent Ferraud a 5-page letter dated Dec. 15 protesting the actions of Ghelber and Reynolds, alleging they violated federal and state free speech laws. They demanded that school officials admit they were wrong and apologize to Jimenez.
"It seems to be a pretty clear violation of Mariah's rights to express herself, and we feel it's a very important right to be vindicated," Rifkin said.
In their letter, Bibring and Rifkin stress that Jimenez's right to wear her politically-charged shirt is "core political speech that lies at the heart of the First Amendment." They cited a 1971 California case in which a student's right to wear a jacket with an anti-draft message on it was determined to be protected by the First Amendment.
The lawyers also made reference to the highly publicized 1968 case in Des Moines, Iowa in which the school district was found to be violating students' Constitutional rights by suspending them for wearing black armbands in protest of the Vietnam War.
"It is well established that students do not shed their Constitutional rights to freedom of speech or expression at the schoolhouse gate," the letter stated.
Ferraud sent Jimenez's mother a letter dated Dec. 3 indicating the school's decision was more about Jimenez's personal safety than about restricting free speech. She said school district officials "were concerned about the potential disruption resulting from the fact that the shirt seemed to imply that those students who supported Proposition 8 were expressing 'hate.'
Jimenez said she got a similar response from Reynolds when she approached her on Nov. 21 seeking an apology.
"She said that her intent was not to violate my rights, but to protect me because the shirt could have compromised my safety," Jimenez said.
If that's the case, Rifkin said the school may have bigger problems on its hands.
"To suggest that a student wouldn't be safe at that school is extremeley concerning," Rifkin said. "I think that the school, instead of focusing on Mariah's speech, should focus on making itself a safe place for all students, regardless of their opinions and regardless of their sexual orientations."
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