Posted on 09/29/2003 2:48:39 PM PDT by bicycle thug
The flurry of publicity over their case has ebbed, but a lesbian couple whose 4-year-old daughter was denied admittance at O'Hara Catholic School last month intend to challenge the decision through legal means, one of the women said last week.
Lee Inkmann, who alleges that O'Hara turned down her and her partner's application because they are gay, will meet this week with Eugene attorney Martha Walters, one of the chief lawyers who successfully argued golfer Casey Martin's case against the PGA Tour for refusing to accommodate his disability.
"I have a belief that throughout history, when discrimination has been ignored in a community, it has a tendency to flourish, and my commitment is to eradicate discrimination in any educational setting in which I find it," said Inkmann, a 43-year-old Eugene businesswoman who recently returned to the Catholic Church after a long absence.
Citing the confidentiality of student placement, officials with the school, parish and Archdiocese of Portland have refused to discuss their reasons for denying the girl admittance. But in a letter sent to O'Hara parents earlier this month, they appeared to deny Inkmann's assertion.
"The Catholic Church and its schools welcome a diverse community," wrote the Rev. Mark Bachmeier of St. Mary Catholic Church, who said the decision was his. "The sexual orientation of a child's parent is not a reason for us to deny admittance, and O'Hara's history supports that."
Neither Bachmeier nor O'Hara Principal Dianne Bert returned phone calls seeking comment. Archdiocese spokesman Bud Bunce said they had asked that all media communication go through him.
Bunce said there were "other factors" involved, and backed up the letter's claim.
"(Parental sexual orientation) in itself would not be a reason to deny somebody entrance," he said.
Bunce said there is no blanket church policy on admitting openly gay students or the children of gay parents, and said local parishes and schools may institute their own placement procedures.
He noted that O'Hara's decision was made at the parish level, but that the Archdiocese supported it.
Inkmann initially complained to the state Department of Employment's Child Care Division, believing that the school might be vulnerable under a state law that prohibits discrimination by state-certified pre-schools on the basis of parents' marital status. However, the division's legal counsel determined that the law was not applicable in this case.
"We will seriously consider, at the time that we revise our rules, changing the rule to include local civil rights laws," Child Care Division field manager Kitty Lake wrote to Inkmann.
The city of Eugene's human rights ordinance prohibits discrimination based on sexual orientation in housing, employment, city contracting and "public accommodation," a term whose definition in the ordinance does not specifically mention schools. A key legal question that may be answered by this case is whether a private school is considered a public accommodation.
Inkmann also complained to the city Human Rights Commission, which assigned an advocate to help resolve the disagreement. Inkmann said O'Hara officials declined a meeting with her and the advocate.
The case has received a good deal of national media attention. Inkmann has been interviewed on Fox Television's "The O'Reilly Factor," as well as on Bill O'Reilly's radio show, and "Dateline NBC" filmed a segment that has yet to be scheduled to air, Inkmann said.
The school has received numerous e-mails and phone calls, both positive and negative, Bunce said.
"I think the school's kind of moved on from the issue now, and they're working on educating the students," he said.
As for Inkmann's daughter, she's happily attending preschool at the Eugene YMCA, although Inkmann said she and her partner, who adopted the girl together, have not ruled out O'Hara in the future.
"We believe there's a lot of good resources there," Inkmann said.
"There were many people who called to welcome us there. The spirit of O'Hara has been very welcoming, even though the institution of O'Hara has not been."
If the courts decide that private schools cannot choose their own students...I have this little beef with MIT from several years back...
Well, she didn't really "return to the Catholic Church" because she is still living in sin with another woman. She may have signed up as a member of a parish to get her kid into a Catholic school, though.
Hmm, I dunno but the word private may give us a clue.
Eugene, Oregon is an "enclave community" for lesbian women. Even gay men are known to complain about their overwhelming presence in that community.
We have had lesbian city council members, and have a gay one now. At the Eugene Celebration anyone with eyes could see many women arm in arm, quite a few transgendered individuals, and gay men.
They actually tend to be more affluent and muted in lifestyle compared to the large children of the now greybeard counter culture and anarchists and other "kids wearing black." And are not contriversial at all like they would be in other places I have lived such as Fayetteville, N.C.
The Human Rights Commission of Eugene had a booth that was next to the PFLAG and other groups. If you happened down by the main Post Office where this stip of booths was, you would have sworn a 'Gay Pride' event had just let out.
When everyone - virtually anyway - treats you like a normal human, being refused the first time is a kick in the stomach to someone like this woman.
Incidently, years ago when an anti gay, lesbian, and transgender group entered a float in the Celebration Parade - complete with preacher, bride and groom not to mention some really terrified boy scouts - it was savagely pelted with eggs and rotten fruit and vegetables.
The more pacifistic minded not liking the Oregon Citizen's Alliance tried in vain to 'peer' people into turning their back on this float. Go figure.
I believe the local rag, the Register Guard made passing mention of this; but they didn't make any big deal out of something that would possibly hurt the old customer base.
Hope that gives you some background to understand the mindset creating this contriversy
HARD WORK AND COMPASSIONTypically I don't attempt to rebut criticism in print media, especially letters. As an elected official I am reconciled to the fact that in making political points, detractors often resort to personal attacks. I believe in their right to speak freely.
This situation is not typical because in her letter to the editor (9/4), Gina Garner smears others with her broad brush. In her attempts to discredit me she maligns a coalition that, I believe, deserves thanks and recognition for the good work they've done. The Peacekeepers Advisory Group (or after renaming; Peaceful Assemblies Group) was formed in response to escalating tension leading up to the war in Iraq.
The group included members of the Human Rights Commission and the Police Commission, who wanted to help ensure a safe environment for demonstrators, police officers, and the general public, regardless of their stance on war.
No one knew how big the protests were likely to get, but the potential existed for them to generate massive crowds, and therefore, safety concerns. An additional exacerbating factor was that these demonstrations attracted people from all walks of life, including seniors and children (three generations of my own family attended).
PAG's intent was to facilitate discussions between rally and march organizers and EPD, in order to answer questions and convey logistical and policy information.
Issues addressed included things like jurisdictional boundaries, marching routes, permits, bike regulations, EPD protocol and policies, and emergency access. It was an unprecedented attempt to pro-actively problem solve, and initiate conversations among typically divergent groups. In other words, "dialogue."
PAG made concerted efforts to include all organizations that might be involved in marching or demonstrating. Everyone was invited, and participation was voluntary. Some chose to get involved, others did not. Two principles guided us: first, that no one get hurt; second, that people are able to exercise their right to free speech and assembly.
Rally and march organizers, peace activists, Human Rights and Police Commission members, and city staff volunteered significant time and effort to the dialogue. I admire the organizers who participated for their foresight, hard work and compassion. I appreciate the command staff for their willingness to discuss difficult topics face to face with activists. I believe everyone involved deserves to be commended for the effort, as well as for their commitment to preserving peace in our community.
The efforts of Ms. Garner and the grassroots organization Friendly Neighbors for Peace are also appreciated. Participation in our democratic society takes both individual and collective action to create change. That is what will make our world and our city a better, safer place: everyone doing what they can to help.
Bonny Bettman
Eugene City Councilor, Ward
Sometime an old expression is catchy, and sometimes it catches something. ;-)
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