Court lets private schools expel lesbians

04-29) 16:14 PDT SAN FRANCISCO – The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn’t covered by California civil rights law and could expel students it believed were lesbians.

The parents sued under the Unruh Act, a 1959 state law that forbids discrimination by businesses. It was amended in 2005 to include bias based on sexual orientation and someone else’s perception of sexual orientation. State education law also prohibits anti-gay bias, but that applies only to public schools.

In January, the Fourth District Court of Appeal in San Bernardino said the school is not a business but instead a social organization entitled to follow its principles.

The case is Doe vs. Lutheran High, S171078

sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/30/BA5817BGU2.DTL

There you have it. Three separate courts in California have ruled that a religious school has the right to operate according to its beliefs.

yes it was very suprising, but still great news.

I hope they weren’t expelled just because of who they are…If they didn’t do anything contrary to scipture nor try to push an gay sex agenda I think it is unchristian to make them leave

from what i gathered from reading this and a nearly identical story on the same case, the school has a policy that is very similar to the Church’s position on gays.:

it is ok to be gay, we wont kick you out for that, but dont act on it(paraphrasing)

the girls got in trouble because they were dating, something they both admitted, and because they had been proclaming it on myspace in word and picture form. that and the fact that those webpages said they were students at the school were used against them.

the principal suspended them after meeting with them both, then later they made their case to the school board or its equalivent. as i understand it they basically thumbed their nose at the rule and got expelled.

all students have a right to education, but that comes from either the parents or public schools. if you want to go to a private school, the student handbook is your contract to be educated there. they broke it and reaped the consequences, but at least they both finished high school at another school.

If you are in a Catholic facility you have no right to flaunt scripture and church teaching…If they did thses things they deserve to be booted…I am glad you feel this way too

well all i saw was it was a private christian school, i dont know if it was Catholic or not just that the rule seemed similar to our teaching. however the principle is the same-want to play their game then play by their rules.

i too am glad we agree, but even more glad(glader?) that the courts actually agreed. i first heard about this back when they filed the initial lawsuit, but was afraid the school wouold unfairly lose. how nice it can be to be wrong sometimes.

perhaps,…perhaps
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It was a Lutheran high school.

Let them try that at a Madrassa School. Leftists pound away at Catholic and Christian organizaitons because they know they can. When students violate the fundamental moral tenants of a religious school with no consequence we know where that church is headed.

Glad the california courts followed the law in this case. Should have been an easy answer. Also even if you follow the dissenting judges opinion there is still the issue of whether as a private school they would have to follow the state law. Depends on how much money if any the private school gets from the state and if there are any requirements tied to that moeny.

Intresting to see that CA courts are starting to fall back into line with traditional law teachings. (ie the supreme court looks likely to uphold Prop 8. Because its a political question that should be decided by the people and the Legislative branches and not the court.)

I agree private schools should have the right to punish students for sinful behavior, but they seem to selectively single out certain sins. If two straight students admitted to engaging in sex or “unchaste” behavior, would they be expelled? If kids were being judgmental or jealous, lying, posting they were pro-choice on MySpace, doing lots of other harder to pinpoint non-Christian behavior, would they be punished? Christian schools seem to only kick out people for being pregnant out of wedlock or being gay, because they are “visible” sins, and sex is given too much attention in proportion to other sinful behavior. I think it’s very wrong and makes it hard to take them seriously.

the issue wasnt so much what the behavior was, but that it was against the code of conduct. would you judge the school so harshly if a student were getting high on campus or perpetually truant. the case was about wheter a private institution could enforce its own rules. the girls knew the rules, wouldnt obey and payed the consequences.

It is a grave sin and to allow them to remain would give scandal…the school had no choice but the grils did…They decided to flaunt scripture

The sad truth is that, as a practical matter, there are certain classes of sin that render individuals unfit for a Christian education. Those sins involving same-sex attraction are undoubtedly of that type.

So their code of conduct specifically said no homosexual behavior? If so, they have every right to enforce it, but their code of conduct should make it clear that most sinful behavior is also out of bounds and punishable by something, sometimes expulsion. It seems like often the Code of Conduct contains only selective sins.

I don’t see how that is possible. Yes, those girls are sinning. No, they are not hurting anyone. Continuing to educate those girls that any type of fornication is wrong would be the best way to go from a Catholic perspective. They stlll could benefit from a spiritual education that teaches them that and other virtues, much as kids engaging in other sinful behaviors can still learn. Being gay does not automatically make you a terrible Catholic any more so than does many other sins - if the girls are being prayerful, kind, and observant in many other ways, I fail to see how they should be disqualified on that alone from having a Catholic education.

i dont see the point. so what if their code of conduct only contained select sins?(i dont know too much about lutherans-do they think everything Catholics do is a sin?) the point is it is their school and enrollment there is voluntary.

odds are if there is proof that most immoral behavior is against the rules, but many sins are only known to the sinner and hard to prove. these girls flaunted theirs and admitted it to the principal. it is hard to say what is in their code of conduct since it wasnt published in any story i saw, just that this behavior was against it.

Very true. :smiley:

These harassing law suits won’t end though, and there’s hate crime’s legislation ready to be passed to back it up.

Until people start realizing that the ‘orientation’ itself is disordered and to be overcome in every case, and the proper and natural reaction to it is negative, this will continue. :mad:

We have to pray and witness to the Gospel! :slight_smile:

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