6th Circuit Upholds School Policy Prohibiting Insulting and Stigmitizing Remarks Against a Student's Sexual Orientation

The Sixth Circuit affirmed the Eastern District of Kentucky in Morrison v. Board of Educ. of Boyd County, holding that Plaintiff's "claim for nominal damages premised upon a “chill” on his speech during the 2004-05 school year [does not] present[] a justiciable controversy."

The policy provided that

unlawful behavior based on race, color, national origin, age, religion, sex [,] actual or perceived sexual orientation or gender identity, or disability that is sufficiently severe, pervasive, or objectively offensive that it adversely affects a student's education or creates a hostile or abusive educational environment.

and

[h]arassment/discrimination is intimidation by threats of or actual physical violence; the creation by whatever means, of a climate of hostility or intimidation, or the use of language, conduct, or symbols in such manner as to be commonly understood to convey hatred, contempt, or prejudice or to have the effect of insulting or stigmatizing an individual.