The College Fix.com ———–By Lexi Lonas ————————Wed., Oct.28, 2020
A student who was allegedly sent home for wearing a shirt stating “homosexuality is a sin” is now suing her Tennessee school district for violating her First Amendment rights and freedom of religion under state law.
She’s challenging the constitutionality of the Overton County Board of Education’s dress-code policy, both as written and applied to her, and seeking an injunction against its continued enforcement.
The federal lawsuit claims the teacher who sent her to the principal’s office on Aug. 25 had a pro-homosexuality symbol in the classroom. The principal allegedly told her it violated the dress code because her shirt was “sexually connotative.”
The principal called her parents to bring a change of clothes, but the student’s stepmother took her home instead, refusing to bring new clothes. As a result, Livingston Academy marked the student absent for the entire day.
“As interpreted an[d] applied, the School District’s Policy prohibits any message on clothing if somewhere within any other word the letters combine to [form] the word ‘sex,’” according to the suit.
The Oct. 16 filing does not name the girl because she’s a minor. She brought suit “by and through” her father, Richard Penkoski, against the district.