Comments: The Ninth Circuit at it again

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or ": Spotted Owl Tastes Like Chicken "

Posted by Fred at April 21, 2006 10:58 AM

This post is a reaction to Greg's thoughts, which you posted: Racism, War, and Voting a certain way are all actions of free will. Many homosexuals (and straight people, and courts) believe that homosexuality is an in-born, uncontrollable thing that is not the same as the act of gay sex. - gay sex might be a choice, but the innate homosexuality is not. I think this fact makes your argument seem less effective.

Posted by chris at April 22, 2006 09:14 AM

Chris: I don't think it makes the argument less effective, legally, at least. Notice I state the school admin. could have legitimately utilized the "disruptive educational environment" standard for banning the t-shirt in question. I think they could win in a court battle on this standard alone. But that's not what Reinhardt and Thomas's reasoning rested upon.

Posted by Hube at April 22, 2006 09:22 AM

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