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California Court Rules Religious Schools May Expel Gay Students

By L. K. Regan
Published Jan 29, 2009
Gay rights suffered a serious blow this week as a California state appeals court ruled that a private high school could expel students on the mere supposition that they might be gay. The ruling is the latest to try to define the boundaries between civil rights and the rights of private organizations to discriminate. To the LGBT community, however, this is a clear step backward.

The Fourth District Court of Appeals in San Bernardino, California ruled that California Lutheran High School in Riverside had the right to expel two girls administrators suspected of being gay. According to the court, a third student at the school had informed the administration of material on the girls' MySpace pages suggesting a romantic relationship. One girl's page gave her screen name as "Scandalous love!" and listed her social orientation as “bi”; the other went by "Truely [sic] in [heart emoticon] with you", and listed her sexual orientation as "not sure". The school's principal called the girls to his office and separately questioned them, asking them if they were "bi", if they had kissed, and if they had done anything "inappropriate". According to the principal, Gregory Bork, both girls confessed to being in love and to having hugged and kissed. Bork suspended both girls; a month later, the school’s directors permanently expelled them.

The girls' families sued under California's Unruh Civil Rights Act, a law that prevents for-profit businesses from arbitrarily discriminating against customers. The law was crafted to prevent service-oriented businesses from discriminating on the basis of race, but has been expanded in recent years by both the California legislature and legal interpretation to cover discrimination on the basis of other factors, such as age or sexual orientation. Last year, a state appeals court used this law as the basis of a ruling stating that a private fertility clinic could not use religious beliefs as a reason for refusing to treat a lesbian woman. On the other hand, California Lutheran defended itself by reference to a 1998 state Supreme Court decision ruling that the Boy Scouts could refuse to admit gays and lesbians.

The San Bernardino court's three sitting justices ruled unanimously in favor of the school on the grounds that religious schools, though private organizations, are not businesses in the usual sense of the term, since their purpose is exclusively religious. Said Justice Betty Richli in the ruling, "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; otherwise, merely supplementing the child’s secular education with Sunday school or a religion class would suffice." As to the specific religious values in question, the court observed in its ruling that, "Lutherans believe that homosexuality is a sin. The School has a policy of refusing admission to homosexual students. Its ‘Christian Conduct' rule provided that a student could be expelled for engaging in immoral or scandalous conduct, whether on or off campus. This would include homosexual conduct." So, the court held, the school, as a primarily religious organization, was therefore not truly a business, and therefore could not be forced to admit gay students.

The court was careful to point out the limited nature of its ruling, saying that, "We emphasize the narrow scope of our holding. We hold only that the School established, beyond a triable issue of fact, that it is not a business establishment within the meaning of the Unruh Act." Gay activists have nonetheless expressed serious concern over the ruling's implications. Kirk Hanson, a lawyer for the two girls, pointed out that, according to the ruling, "if you're a religious school, you can discriminate on any basis you want....It is almost like it could roll back 20 to 30 years of progress we have made in this area." He spoke of a possible appeal to the State Supreme Court, ensuring that the issue will not simply go away.

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YOUR COMMENTS add your comments

G_Force wrote:

The Supreme Court will rule in favor of the school because of the separation of church and state. They are a private school which has been established to teach their religious beliefs. They have every right to do this as a private religious institution. If you don't agree with their religious beliefs and policies,then don't go there.

G_Force wrote:

Church schools are allowed to establish policies based on their religious beliefs. The separation of church and state protects this.. If these girls don't like the religious beliefs that are taught at this religious school, then it's their freedom not to enroll there. But these girls have no right to tell the religious school what religious beliefs they can and can not have. But if this was a public school, that would be a different story. But since this is a religious school all those who enroll must agree to their religious beliefs or don't enroll there. It's that simple.

G_Force wrote:

Maybe I'm missing something, but why would these girls want to receive an education from a religious school that doesn't support their sexual orientation?

miah00420 wrote:

Consider it a blessing. What gay student wants to be subject to the morals and values taught at a religious school? Gay and lesbian students usually develop a higher level of thinking when it comes to matters of religion because religion discriminates against them so often. If it were truly a "religious" institution they would realize that God wouldn't deny a person an education based on sexual orientation. In fact it goes to show that top figures in the religious realm are more corrupt and satanic than your average citizen that does not claim a religious affiliation. Leave it to Christians to be bigoted towards homosexuality when the basis of their religion is repentance and forgiveness. If they really want to take the Bible so literally why do they allow women to speak in public? Exodus specifically says that women are not to preach God's word, and if they have a comment or question they are to ask their husband in the privacy of their home. If they want to take the Bible literally why not bring slavery back? According to the Bible slavery is moral, and if slaves want to enter the kingdom of heaven they must follow their master's every command. I'm curious; does California Lutheran High School offer sacrifices of first born goats and lambs to their Lord and Savior Jesus Christ? I should be upset with this ruling, but I can't help but realize that its probably the best thing that could of happened to those two girls. They shouldn't be educated in a place with such intolerance and dogmatism. One day these Lutherans will have to answer to their behavior and practices and they had better hope that the God they worship is more tolerant than they have been.

leonicdragon wrote:

Well as sad as it is, the school is WELL within their rights. The have the constitutional right to refuse whoever they want because they are a private school. While I frown upon their narrow-mindedness, i have to agree with the courts decision. The State has no right to tell a private organization who they can and cannot suspend, expel or even accept. The parents have a choice where they want to send their children, and if they want to send them to a private christian school that frowns upon their sexual orientation, then that is their right. They have just as much right to send them to a public or "gay-friendly" private school.
I think what we need to do instead of trying to force Big Brother to make people conform to OUR beliefs is to boycott such places and form our OWN schools. I think it would be AWESOME to start an LGBT school! If you are a gay Lutheran and you don't think it's right, start your own "gay friendly" school!

While there are several people that may not agree with me, i must remind you that our 1st amendment rights are NOT exclusive. Freedom of religion applies to ALL of us; not just the people we want to support. When we start forcing people to do things they do not see as right, then we are restricting their freedoms and we in turn are fascist hypocrites.

So before you go crucifying me for not being "pro gay rights," think about the point I'm trying to make.

If you want REAL change, you must be willing to start it!

FairTaxGator wrote:

ARGHH!!!! Can California get NOTHING right as far as personal liberty?? Of course the private school is a business... The school takes money from individuals and/or families in the form of tuition and provides the service of an education within a religious context. It is patently absurd that these judges do not realize this. Schools are businesses, whether they are religious, secular, or government run. The sooner we realize this the better.

ItzDrew wrote:

ewww,,so sad... everyone can be whatever they want to be....didnt god say..love each other?..they keep that hatred,,,,in any case,,,if being bi gay or whatever is a sin,,then it means all students there are..pure and holy? with no sins? HA AS IF.....their efforts to keep away ppl's will to be free,,its almost like trying to cover the sun with a finger,at the end they will lose this war,,,world is changing,,ppl is changing,,,its matter of time...

SilvrSurfr77 wrote:

That's not right. Free-will! It is only God's job to judge and where is the love that God has?

frybaghomo wrote:

im my opinion i definatly dont agree with the decisionmade to give catholic schoolspower to expell gays. its a catholoc SCHOOL, no matter what kind it is it's a SCHOOL. i think by school boards expelling gays because they are gay not for breaking any real rules but just for being gay is teaching a generation that hate and discrimination are a good quality to have, not to mention its not a sin to be gay its a sin to commit the act and every one knows theres only one unforgivable sin... so go suk your boyfriend and beg god for forgivness...ahahaha... but you know what if you're out be out and proud and if people are goin to hate on you just go to the public board make new friends get your schooling done and move on...let the fukking child diddling blood thirsty buisness (refered to as the catholic church) go fuk them selves! if you love yourself it doesnt matter who hates you!!

Phujilala wrote:

I think those Justices voted on the final decision on fear of losing their jobs! Money talks; money walks. How can they say that because it's merely being a religious school it can discriminate. This may leads to further grounds for even religious bookstore refusing to serve LGBT customers.

Sometimes, I wonder to myself why is a religion with an all loving God is filled with so much hatred, intolerance and discriminations.

paxcrunner wrote:

Its as simple as this. This "school" should be required to pay taxes. It does not take its dues as "donations". As with a Local school the "Hill School" which has been a high school home for several senators which until the late 1990's did not allow females. It had a choice, allow females or pay taxes. ANY institution that decides it want to not allow a student based on race, sexuality or gender should be required to pay taxes. Trust me once you tell them that, theyll accept everyone.

FRESH_INK_ADDICTION wrote:

THIS IS WRONG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

No "Educational" institution should be allowed to discriminate, or else the institution should NOT be allowed to operate.

Since when do grade schools have religion as there sole purpose??? I thought the idea was to teach people life skills, and curriculum, so as to prepare them for University and real life, not for teh church.

These religious schools should be banned all together.

And, when are we going to start expelling heterosexual students from public schools?

Being gay, and having gone thru a catholic school system as well, I truely feel for the homosexual students attending these schools. Now more than ever, they MUST stay in the closet. There is no longer a choice for coming out. Just one more added stress to these young peoples lives.

Again, this is UNACCEPTABLE - business, educational institution, or whatever.

I STRONGLY encourage everyone who reads this to forward this article to everyone they know. It is important to get this message out there again, so that these types of basic human right violations stop happening. And don't kid yourself, this is a HUMAN RIGHTS VIOLATION!!!

technopath wrote:

are they american?? they belive in our freedoms, our way of life, our pursuit of happiness or they are communist!!! that's all that needs to be said.

rebleboy wrote:

they way things are going . Its no shock Ijust wish that people could stope seeing gay, steight and by and just see people for what we are

jclands wrote:

Where california goes, so does the nation.. Well California is so screwed up, So they deserve all the crap first.Keep all your big government and shut up. If a private institution wants to do what they believe, so be it.. I agree with the right to discriminate. All schools are for a higher idea and education. Let California liberals and itiots continue down the wrong path. Not all of us are religious, but morality has many sides and should be kept private. Why does everything have to be out in the public eye. What happen to freedom of religion and expression. So kids who get kicked out of a private school who teaches against such morals has every right. Boo Hoo to all you liberal one sided two faces.

muscleboi22 wrote:

It happens from Cali to Florida. I was a local cop with a spotless career, until I "Came Out". Then I was investigated for mutiny against the police chief and screwed with for two years until I suffered an injury and they got rid of my ass just as quick as they could! I couldn't get any lawer to go after their ass because there are no laws protecting gays against deiscrimination in the workplace in Florida or Federally! The police chief referred to gays as "fags" in a conversation with me and he never was investigated for anything! I walked away with about 70% of my salary every month for the rest of my life, which is a lot better than how some in the LGBT community fare in employment discrimination cases, but it came from my pension plan and not a settlement like it should have! The ruined my career to get rid of the "fag"!

Tucker_ wrote:

Oh my gosh, how dare anyone have an opinion that disagrees and is in contrast with a minority faction in America! Freedom and liberty is for all not one select group, you have the right to oppose their position and they MUST and do have the right to oppose yours. They stand on their beliefs as you seem to be standing on yours, although I would argue they have a basis and ground for their morality which most other groups do not.

Beni_Keni wrote:

OMG dat's so cruel. I cant believe it still happens in America!!!!

vanguard2010 wrote:

WAKE UP AMERICA! I cannot believe all that I read here. Has everyone in this country become brain dead? You are living in a country that slips more each year to FASCISM!

Yes.......Nazis was a nick name for those too uneducated to know..........

"Extreme right wing nationalism (Nazi being a shortened name for Nazional Sozialismus - National Socialism)"

And it begins as it already has begun in this country and no one really reacts. It is ok to show our hot bodies and like cock and asses which is the only reason anyone seems to be on these sites. But if you are interested enough to read these articles and respond then start thinking with your brains and not your cocks. Because this is not going to go away while everyone is dancing the night away, taking drugs, getting drunk, screwing their brains out or really wanting love and looking for mr. right.

We have serious enemies in this country and in the world. We are the new Jews. Your governer is Austrian. Maybe they gave him a USA passport but believe me he is one poor Austrian who made good. Born and raised and weened in a country that was 60% or more still longing for Hitler and missed the good old days of Nazism. In the 80's it was still over 55%. The only reason Europe focuses less on us is Islam has become a Real Threat to the entire way of life. And unlike those stupid americans, Europeans, even those who may not like or agree with homosexualiy do not believe gays will take over the world and destroy family life.

Please........take this seriously and find your outrage and anger at this. It is legalising Persecution, discrimination and prejudice. Not to mention gives again, more power to the Ignorant.

theatre_geek wrote:

My biggest problem is that suspension and expulsion is punishment for something you did at school or involving school. If the two girls had been having sex in the school then by all means expel them, but they were called into the principals office simply because of a rumor. That is bullshit.

phemt wrote:

The offical Catholic view is that homosexuality goes against God's Divine order. Catholic belief does admit that homosexuality isn't a choice (a little more progressive over the fundamentalist). The Catholic view homosexality as being a sort of birth defect i.e., have pity and love for the defected person. A "good" homosexual should repress his desires and avoid having sex with another male. That is the the offical view of the church and if you donate/support the Catholic church you are at least indirectly supporting that viewpoint. A Gay person supporting the Catholic church (or any other gay=sin church) is like a black man supporting the KKK or a jew supporting the Nazi party. Don't be a gay uncle tom!

havingfunmtl946 wrote:

Having attended a strick Catholic High School run by the Jesuits, I can tell you that this is not something which is held all over. I came out while in Sec 5 (I believe grade 11 for my American friends), and I was embraced with open arms by my teachers as well as by the religious order. One of my closest friends is a Jesuit priest, who does not hide his beliefs that everyone is equal and openly defendes homosexuality despite his connection to the Church.
For me, this whole article just re-illiterises the fact that people are very afraid of change, and that which is unfamiliar. Although I'll agree that it is the school's right to hold such views, I would never say it right to deny students education based on such rules. The scandelous thing is that courts are being involved which obviously hold certain beliefs and will reinforce those believes where ever possible. A sad day for California and human rights.

precurser4t wrote:

I have to add that religions are the fricking cause of all evils in this world. Despite the few good things religions advocate - which is really borrowed from philosophies by the way ( for example, Buddhism as a religion borrows a lot from Buddhism the philosophy). Religions are similar to fascism - meaning when they can't have their ways, they ostracize, they ex communicate, they burn people at the stake, they sell "indulgences", they have crusades, they go extreme, and they commit suicides to kill people. Need i go on? When the human race will grow out of religions as we know them today? Scotty, beam me up!!!!!!

precurser4t wrote:

When is the courts in the US are enlighten enough to realize that they are discriminating against sexual orientation just as people were decades ago against racial discrimination. When the fricking homophobic minds realize that they are the fricking problems. Don't we have enough fricking problems in this fricking world?

waterman wrote:

Seems to me the Judges are homophobic and use their "pulpit" to determine the fate of gay and lesbian kids

phemt wrote:

It was a Luthern school and totally within their right. Blame the parents for supporting such a school !

Signboy09 wrote:

Boy Cali sure is leading the way in wrong doings. First the Pledge of Alegeince(sp), Then Prop 8 and now expelling gays from catholic schools.

phemt wrote:

This is a prime reason why tax payers should oppose voucher (or any tax aid) to religious schools; Religious schools are free to practice their religious beliefs even if this means discrimation.

Vist and consider joining "Americans for the Seperation of Church and State" if you want to make sure religious schools do no receive public funding.
www.au.org

Luckydog76 wrote:

My Lutheran church had a gay pastor, and several members now in positions of authority are gay. California liberal???

Sedative wrote:

beachbum248, exactly. There are already schools like that, and the school cited by Maverick75 being one of them. Gay schools are a temporary solution at best, remember our aim in the long run is to completely eradicate homophobia, rather than promote it by segregating us even more. The problem is when teachers themselves are homophobic, and of course, the ubiquitous school concern - bullying. You do not solve that by running away.

Harvey Milk school itself is NOT an exclusively gay school, it's designed for at-risk youth regardless of sexual orientation. It's just that it's gay youth who are most at risk of bullying.

FreeThinker2010 wrote:

Thank you beachbum248 for building on my idea. I like your idea as well, especially the part about the scholarships. The the reason I like my idea about gay educational institutions is that I think they could provide our gay students with more knowledge about themselves and gay history and gay studies in general. And let's not forget about other issues; according to the Gay, Lesbian and Straight Education Network, 86.2 percent of gay youth were verbally harassed in the past year and 22.1 percent were victims of physical assaults at school.
Here's an article that discusses pros and cons about gay schools: http://www.usnews.com/articles/education/2008/12/31/gay-high-schools-offer-a-haven-from-bullies.html

And here's a link about the Harvey Milk high in NYC. http://www.hmi.org/OurImpact.aspx

beachbum248 wrote:

better yet seeing how there are already liberal institutions lets just work on the scholarships and grant programs for students like that. Then it could be geared towards LGBTQ students who are expelled for those reasons or any other similar reasons. Then they can go to better private schools get a great education then hopefully give back some day :)

beachbum248 wrote:

Maybe instead of "Gay Educational Institutions", simply create institutions that are open minded, liberal, and allow the students to explore or believe whatever they want. As long as it doesn't harm anyone else or themselves then it should be allowed. Kind of like my boarding school which was liberal by allowing exploration of cultures, religious beliefs, and new ways of thinking etc, but fairly strict in terms of behavioral rules, grades, sports conduct and dress code etc.

Then perhaps there could be a special program with scholarships or something for students, like those girls, who get kicked out for what we believe are ridiculous reasons that help them continue their education. Kind of like the program we had at my school to help students from Detroit that come from low income families... but geared towards students who are expelled for ridiculous reasons... I guess?

I know, I know easier said then done, plus there are so many things that could go wrong with that and obviously alot of thing would need to be worked out, but I'm just trying to build off of what Maverick said, instead of simply bashing it........ :S

Sedative wrote:

Gay educational institution?! Whut?! Are we emulating them now? Should we teach them Christian bashing then? Terrible idea.

FreeThinker2010 wrote:

Maybe its time to quit complaining. Why can't the gay community get together and start its own private, gay educational institutions, from high school to college.

RowBuddy wrote:

I think it would be great if all the students at that school rebelled by listing "Homosexual" on their Myspace, Facebook and if all the male student Athletes posted profiles here and put the link up all over school. Then for the school dances and prom guys should get their pictures taken with other guys and the same with the girls. Let the administration try and figure out which ones are really gay then! HA!

morganfl wrote:

Too many "Leviticans", too few lions.

Chip2Stan wrote:

I'm curious if this applies when a private school receives federal funds via the voucher program. I'm curious if this applies when a kid's poorly funded public "underperforming school" shuts down and he has little choice but to go to a private school.

waxon wrote:

let them do whatever they want, theyre sinning big time by prohibiting christian children from learning about god an exceptance, God will let them know whats up when they meet him.


mobiusstripped wrote:

Nope - sorry - it's not religion if you practice discrimination and call it legal - Christians are willing to let Atheists into their congregation to let them learn about God - but they're not willing to let people into their congregation to learn what a mistake their own "bible" has become? Bad editing really. "Thou shall not covet thy neighbor's property" - that means take something of someone else and make it your own... ...well I'm not willing to let a so-called-Christian take my belief in God and make it into a mockery because they got jilted when it came to sexual encounter and they became jealous.

Turn the other cheek? - no - they bared their whole ass and farted. Big stink over something called education and failure - they failed to educate themselves.

Sedative wrote:

'Christian Conduct' my ass. I do think it's for the best to the students involved anyway.

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