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Naperville, IL — A federal judge has once again ruled that a Neuqua Valley High School student cannot wear an anti-gay shirt to school that reads "Be Happy, Not Gay."

U.S. District Judge William Hart declined to issue a temporary injunction that would have ordered school officials to allow sophomore Alexander Nuxoll to wear the shirt this April as a protest to the National "Day of Silence" when students wear T-shirts, buttons and stickers showing support of gay students.

Nuxoll is one of two students who were told by their Naperville school that the t-shirt is discriminatory.  Nuxoll and Heidi Zamecnik had tried to wear the shirts in 2006.

According to the federal lawsuit Zamecnik filed against Indian Prairie District 204 board and administrators, she was told she had to remove the shirt or leave school because some students and staff found it offensive. 

Last year the Alliance Defense Fund, a law firm that represents conservative Christians, sought an injunction barring the school from taking action against them for wearing the t-shirts.

At that time a federal judge ruled that the school had the right to dictate a dress code. 

"The (school) board and school administrators have engaged in a considerable effort to create a positive and tolerant school environment with an emphasis on respectful attitudes and discourse," Federal Judge William T. Hart said in April.