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correspondent David Spunt breaks down the Supreme Court hearing arguments over parental and religious rights regarding an opt-out policy for those who oppose their children learning from LGBTQ-themed books on Special Report.
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A high school teacher in Ohio is suing his school district after the district removed an LGBTQ poster inside a classroom that read, “Hate Has No Home Here.”
An anonymous teacher identified only as “John Doe” in legal documents sued the Little Miami School district on Tuesday over the board of education’s decision to remove the flag in February, claiming it was based on the school board and School Board President David Wallace’s “history of animus” toward LGBTQ messages.
“Comments from Board Members made it clear that the decision was not based on the words of the poster itself, but rather an effort to silence the pro-LGBTQ message associated with the rainbow imagery,” the legal complaint read.
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A teacher was told to take down a banner that featured an LGBTQ flag. (Little Miami High School)
The teacher also accused Wallace of targeting LGBTQ messages and materials after he previously campaigned to pull back on Scholastic Book Fairs until some titles could be reviewed for “inappropriate material” after a parent complained about a graphic novel series featuring a gay boy being included.
Wallace was also accused of leading the effort to remove the poster by bringing it to the school board after being denied by district leaders.
According to the complaint, the poster hung in the classroom for approximately four years without issue. The poster in question also contained images of a heart-shaped American flag alongside several Pride flags.
The teacher repeatedly argued that the poster’s purpose was not to push sexual or gender ideology but to spread a message of inclusion and feared that replacing it could send the opposite message.
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The anonymous Little Miami teacher claims that the school board president has a history of “animus” against pro-LGBT messages. (John Senter/UCG/Universal Images Group via Getty Images)
“My concern is that attempting to find a different, ‘neutral’ image may inadvertently lead to the erasure of LGBTQ+ representation. My preference would be to discuss any additional representation that could potentially be added to the existing flag, rather than removing any of the represented groups,” the plaintiff wrote in February.
The teacher is demanding declaratory relief acknowledging that the Little Miami School Board violated the First and Fourteenth Amendments by removing the poster as well as an injunction preventing them from removing it in the future.
In a comment to Digital, the Little Miami School District said that it was aware of the lawsuit and “remains committed to supporting all students and staff and maintaining a respectful learning environment, while following state and federal law and Board-adopted policies.”
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The teacher’s attorney argued that removing the flag and poster violated the First Amendment. (Getty Images )
Attorney Joshua Engel, who represents the teacher, released a statement condemning the school board after it “turned a simple message of kindness into a fight about free speech.”
“A teacher hung a flag in his classroom for four years saying every student deserves to be treated with respect— and nobody had a problem with it until some school board members decided to make it one. Now they’re trying to silence a message of kindness while letting other personal displays stay up. The Constitution demands more; school board members cannot silence speech simply because it disagrees with the message,” Engel said.
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Little Miami High School previously faced criticism after suspending two football players for carrying “thin blue line” and “thin red line” flags across the field on Sept. 11 in 2020. The players flew the flags in defiance of the school, which previously denied their request to carry the flags on the field.
