Posted on 01/28/2009 8:07:21 AM PST by SmithL
A private religious high school can expel students it believes are lesbians because the school isn't covered by California civil rights laws, a state appeals court has ruled.
Relying on a 1998 state Supreme Court ruling that allowed the Boy Scouts to exclude gays and atheists, the Fourth District Court of Appeal in San Bernardino said California Lutheran High School is a social organization entitled to follow its own principles, not a business subject to state anti-discrimination laws.
"The whole purpose of sending one's child to a religious school is to ensure that he or she learns even secular subjects within a religious framework," Justice Betty Richli said in the 3-0 ruling, issued Monday.
As with the Boy Scouts, she said, the primary function of the school is to instill its values in young people, who are told of its policies when they enroll.
Kirk Hanson, a lawyer for the two girls, said he was disappointed and would talk to them about a possible appeal to the state Supreme Court.
According to the court, he said, "if you're a religious school, you can discriminate on any basis you want."
He also noted that all children must attend school, either public or private, and said schools serve different purposes from a voluntary organization like the Boy Scouts.
John McKay, a lawyer for California Lutheran, said he was pleased the court recognized that "a religious school is not a business, and the purpose of a religious school is to teach Christian values."
Any state law that required the school to admit gays or lesbians would violate the school's freedom of expression and religion, McKay said.
The ruling is the first to consider a religious school's status under California's Unruh Civil Rights Act,...
(Excerpt) Read more at sfgate.com ...
A correct decision ... and one that will have the fruits, nuts and flakes in California in the streets burning their Birkenstocks in protest ... ;)
“a religious school is not a business, and the purpose of a religious school is to teach Christian values.”
...thank god for a little sanity and good news!
It’s surprising that this came from a California court. It will be interesting if it can be appealed Federally. And, if it can, I wonder what side the Obama administration will come down on, with his new Christian “outreach” initiatives and all.
As my kids also go to a Lutheran High School, I am very glad to hear it.
However, I think this had to be a case of in your face lesbians as a test case. If it were not, I am sure some kind of counselling would be offered the girls prior to expulsion. The Lutheran high school I know works with sinners as much as possible (because we are all sinners in one way or another). Methinks this was a case of very large chip on the shoulder brought in to make a point for the lawyers enrollment in the school
Yeah and since elementary school and high school education are required by law (in most schools), there are a variety of schools (including home schools) out there willing to provide the education needed to comply with the law.
They can just go to the public school, where they can be free to be as lesbian as they want to be.
I’m sure the ACLU is arming up and flying in as we speak. They probably won’t even apologize for having a jet.
For now. After the Reichstag fire in 2011, the One will seize power and Christians will be packed off to re-education camps.
A breath of sanity from California???? Truly the world has gone mad.
This is a mid-level court. It could still go to the California Supreme Court and be overruled.
The LCMS I know will not knuckle under to the ACLU. Most Lutheran High school associations are run by the LCMS not the ELCA (who have no problem with homosexuality and wouldn’t be in the position in the first place)
I hope not anyway, because if the LCMS caves on this one, I will be looking for a new church.
What is unsaid here is how they found out these girls were lesbians.
The old, Don’T ask, don’t tell would have worked just fine for these girls, but its obvious they either told or they tried to solicit partners.
Perhaps they showed their preference by their actions with each other.
Whatever brought this case to the courts I am sure the girls will be much happier in an atmosphere more condicive to their perversion, the public schools, where homosexuality is taught and they have clubs these girls can belong to.
see number 5
Finally a court that follows Constitutional principles and respects individual rights!
2011? It only took Hitler 3 months to ban all other political parties after his election.
I went to Fork Union Military Acadamy in the 70’s. I give money every year because of this kind of thing. They are constantly fighting to stay a boys only school. They’re attacked from all liberal fronts all the time.
I was going to post Madonna kissing Britney but when I saw it, it disgusted me so much I changed my mind.’Nuff said.
People think that the talk of re-education camps is just hysteria but look through the desires of the Weather Underground and that is exactly where we are headed.
“It’s surprising that this came from a California court.”
Frist Proposition 8 passed and now this.
I also heard that global warming triggered a temperature shift in Hell and there was a light breeze and two inches of snow.
Ted Kazynski, the Unabomber will be pardoned and become Minister of Technology. Bill Ayers will become Minister of Political Doctrine.
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