March 30, 2006

Gays Use California’s New Pro-Gay “Civil Rights” Law Against a Christian Private School

by @ 12:00 am. Filed under Education, Evangelicals Under Attack

A CA Superior Court Judge has decided that California’s Unruh Civil Rights Act trumps freedom of religion and assembly. In short, a couple of lesbians were kicked out of a private Christian school. Because the school felt their sinful activity was causing a disruptive environment. In response, like typical crying Liberals their parents ran to court claiming that their kids’ “civil rights” were violated. And since the administrators had to discuss a punishment for the sinful actions, the parents’ lawyers also claimed that the girls’ “privacy” was violated. They claimed that the private Christian school is a business and therefore subject to CA’s newest “civil rights” law that offers coverage for gays. The judge agreed.

Judge allows expelled lesbians to sue Christian school

RIVERSIDE ? A judge allowed a lawsuit filed by the guardians of two suspected lesbians to proceed against a Christian school that expelled them, but the resolution of the case is likely months away.

No new hearings are scheduled in Mother Doe v. California Lutheran High School Association, except for a July 9 status conference.

Superior Court Judge Gloria Connor Trask agreed with the plaintiffs that there are enough issues of fact to be decided at a trial, allowing the case to proceed.

The defense had hoped to stop the case dead in its tracks by arguing that the federal freedom of religious association guarantee takes precedence over California’s Unruh Civil Rights Act, which bars a business from discriminating ? among other things ? on the basis of sexual orientation, Hanson said.

The school contends it had to bar the girls because of their sexual behavior, which is ?un-Christian? and thus antithetical to CLHS’s code of conduct, and disruptive to the education of the other students.

Hanson has argued that the school and its principal, the Rev. Gregory R. Bork, cannot claim protection against the Unruh Act under a 2000 case that affirmed the Boy Scouts’ right to dismiss troop leaders who were gay.

Hanson said the nonprofit scouts, in a way, were acting more like a church in taking such action, but that California Lutheran High School was clearly acting like a business when it set up shop and took tuition money in exchange for an education.

If this school were to lose then all Christian schools in the state of CA would have to allow gays to violate their rules. This would allow a debased lifestyle into the Christian schools.

On top of that, since this new “civil rights” law also offers coverage for disabilities, it could have other far reaching effects. For example, any parent that wants their child to go to a certain private school would be able to leverage this case. Even if the child is not academically eligible for that school. Imagine if a child takes the entrance exams for a private school and fails? The child’s parents could claim that their child has a learning “disability” and BAM, the school would have to admit them or face legal action! This would result in private schools in CA having all the issues that public schools have, because they would not be able to filter out children that might hold up the school’s educational process. The only filter they would be able to use is a higher tuition fee. Meaning the richest families in CA might be able to ensure their children went to a good private school. But even with the rich, a kid who is not very bright could slip in, so long as they have rich parents.

For these reasons, CA’s “civil rights” law should not apply to any private school. (It probably should not apply to public schools either, given you can’t have a separate class for smart kids, because you would discriminate against those with learning disabilities by segregating them from everyone else.) These institutions need to have the ability to filter out children based on the criteria of their choosing. Otherwise, they will be no better than public schools. Not to mention that it has always been understood that private schools were allowed to discriminate so long as they don’t violate FEDERAL Civil Rights laws. And Christian private schools should always be allowed to discriminate against sin.

Hat tip to Religion Clause.

One Response to “Gays Use California’s New Pro-Gay “Civil Rights” Law Against a Christian Private School”

  1. Independent Conservative Says:

    Christian Private Schools Coming to an End in California

    I mentioned the matter of some girls being expelled from a California Christian Private school for immoral sexual behavior (lesbian activity) in a prior post. Now California’s State Supreme Court has shown that the state is devoid of respect of…

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