From today's decision by Judge Waverly D. Crenshaw, Jr. (M.D. Tenn.) in B.A.P. v. Overton County Bd. of Ed.:
When B.A.P. arrived in Henson's classroom on August 25, 2020, she was wearing a shirt stating, "homosexuality is a sin - 1 Corinthians 6:9-10." This shirt "express[ed] [B.A.P.'s] political viewpoint founded upon her religious beliefs," including her belief "in the Biblical mandate to spread the Gospel of Jesus Christ."
Henson told B.A.P. to report to the principal's office, and she complied. Principal Melton read from the school handbook and told B.A.P. that her shirt violated the dress code because it was "sexually connotative." … Melton told B.A.P. that she would not be released from the office unless she changed her shirt. Melton then instructed B.A.P. to call her parents and request a change of clothing …. B.A.P.'s father, Richard Penkoski, … asked Melton for clarification on his interpretation of the dress code. Melton read from the dress code and clarified that B.A.P.'s shirt might be sexually connotative because the word "homosexuality" on her shirt included the word "sex." Melton told Penkoski that B.A.P. would be forced to go home if she did not change her shirt, and the call ended. B.A.P.'s stepmother came to the school and took her home, and B.A.P. was marked "absent" for the day. "At all material times," Melton and Henson demanded that B.A.P. not wear the shirt to school again.
Plaintiffs maintain that B.A.P.'s shirt was consistent with an established practice of openly acknowledging issues of sexuality in the classroom setting. Specifically, Henson's classroom displayed what appears to be a standard 8.5x11 piece of printer paper affixed to a cabinet near the corner bearing the colors of the rainbow and the words, "diverse, inclusive, accepting, welcoming, safe space, for everyone." Plaintiffs characterize this image as "pro-homosexual." …
