Many of the tensions in public school policies are deeply rooted in the tensions inherent in the philosophy of a liberal democratic state. For example, while we seek to promote values like equality and liberty, there are times when these values conflict. In a recent court decision, Saxe v. State College Area School District, the third U.S. Circuit Court of Appeals ruled against a school district’s anti-harassment policy as a violation of the first amendment. The policy was intended to provide a safe, secure, and nurturing school environment for all students, including gay and lesbian students, to achieve equal educational opportunities. The plaintiffs in the case argued that their religion compelled them to speak out against what they considered the harmful and sinful nature of homosexuality, and argued that the school policy was a constitutional violation of their free speech and free exercise of their religion.

To read the decision go to: Saxe v. State College Area School District or http://caselaw.lp.findlaw.com/scripts/cases/clcc.html?court=3rd&navby=case&no=994081