SAN DIEGO - A federal judge ruled Wednesday that a brother and sister from Poway have failed to show that their constitutional rights were violated by Poway school district policies and by the way Poway High School officials responded to a student-worn T-shirt that labeled homosexuality as "shameful."

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U.S. District Court Judge John Houston granted the Poway Unified School District's request for a judgment in its favor on every legal claim that Kelsie Harper, 16, a junior at the high school, raised in the lawsuit. Houston also dismissed Tyler Chase Harper, 18, who goes by his middle name, from the lawsuit because he already has graduated from Poway High School.

Although the ruling brings an end to the lawsuit at the trial court, appeals of some issues still are pending, and an appeal of Wednesday's decision to a higher court is expected.

"They're aware of it (the lawsuit) at the higher level, and that's where we wanted to go to," said Ron Harper, Chase and Kelsie Harper's father. "This will be one step in the right direction."

The school district's attorney, Jack Sleeth, said he expects the district to prevail again on appeal because he believes the district's position in the case is consistent with all U.S. Supreme Court decisions on student's rights.

"I think we won because this is really not new," Sleeth said.

Chase Harper was a sophomore at Poway High School in April 2004 when he wore the controversial shirt to school the day after a campus group held a "Day of Silence" to promote tolerance of homosexual, bisexual and transgendered students.

Harper's T-shirt said "Homosexuality is shameful. Romans 1:27" on the front, and "Be ashamed. Our school has embraced what God has condemned" on the back, the judge wrote in a 30-page decision.

Harper was sent to the principal's office after refusing to comply with a teacher's directions to remove the shirt. He was required to remain in a conference room at the office, where he did his homework until the end of the day because he would not remove the shirt, a federal appeals court decision in the case stated.

Chase Harper alleged in the federal lawsuit that the school district and school officials violated his constitutional rights. His younger sister was later added to the lawsuit, which alleged that she wanted to express an identical message through her speech or clothing, but was prevented from doing so because of school policies.

The district argued in court documents that school officials, mindful of tensions on campus after a "Day of Silence" in 2003, reasonably believed the T-shirt could "increase student tension" and cause a disruption among students. School officials also believed the shirt violated the rights of students and employees "to be free from harassment because of sexual orientation," the district argued in court documents.

In the original lawsuit, Chase Harper asked for a court order that would have prevented the district from stopping him from wearing the T-shirt while his lawsuit was pending. A federal judge denied that request, and a three-judge panel of a federal appeals court upheld that decision.

The Harpers have asked the U.S. Supreme Court to review that decision. The nation's highest court is scheduled to consider that request at a conference next month, Sleeth said.

"I think (Wednesday's) ruling will cause that petition to be denied," Sleeth said.

Meanwhile, the Harpers can ask the 9th U.S. Circuit Court of Appeals to review Houston's decision Wednesday and could ask the U.S. Supreme Court again to decide the case if that appeal fails, Sleeth said.

Sleeth said that no policies changed as a result of Harper's lawsuit, but school district officials explain to students "in a good way" when they can't say something and try to address everyone's concerns.

"I think everybody takes this seriously and is considerate of everybody's rights," Sleeth said.

Ron Harper said Wednesday's decision was not bad news because his family knew how the judge was viewing the case and that it would be good to have the issues decided at higher courts.

Kelsie Harper is in her junior year at Poway High School. Chase Harper is a freshman at Wheaton College in Illinois, where he recently was elected vice president of his class and is involved in a class project to "adopt" an African village for four years and help it in many ways, Ron Harper said.

- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.

On the Net:

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/D2D4CBF690CD61A6882571560001FEBD/$file/0457037.pdf?openelement

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/3BC4CBC4E3F50F418825715600022D4D/$file/0457037d.pdf?openelement

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/6A966B52EA1C598E8825717E007CED29/$file/0457037o.pdf?openelement

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/0BD4C7E657524647882571BC0056CA42/$file/0457037o.pdf?openelement

http://search.access.gpo.gov/supreme-court/SearchRight.asp?ct=Supreme-Court-Dockets&q1=06-595&x=16&y=18

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