SAN FRANCISCO(AP) — A federal appeals court has tossed out the
lawsuit of a California community college student who claimed that a teacher illegally berated him in class for making a speech opposing same-sex marriage.
The 9th U.S. Circuit Court of Appeals on Friday unanimously overturned a lower court decision allowing Los Angeles City College student Jonathan Lopez’ case to go forward.
A three-judge panel says Lopez failed to show he was harmed by the incident days after California voters in November 2008 enacted Proposition 8 a ban on gay marriages.
Lopez alleged that speech instructor John Matteson cut him off midway through his oration when he quoted a dictionary definition of marriage and recited a pair of Bible verses. He said Matteson
also called him a “fascist bastard.”