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Published: September 15, 2007
Where’s the discrimination?
May church-related schools expel openly homosexual students?
 The parents of two teenage girls expelled from California Lutheran High School in Wildomar for engaging in "homosexual conduct" are suing the school, alleging a violation of California's "sexual orientation" anti-discrimination laws.
And, because the outcome of the case could affect church-related schools of all denominations, on Sept. 4 attorneys from the Christian Legal Society and the Alliance Defense Fund asked permission for the Association of Faith-Based Organizations to be added to the lawsuit in support of the Riverside County religious school.
The Christian lawyers intend to argue that church-related schools are within their rights in expelling students who violate standards of Christian behavior, such as by engaging in sexually immoral activities.
"Christian schools have the right to make admissions and disciplinary decisions consistent with their Christian beliefs," Timothy J. Tracey, a CLS litigation counsel, explained on the ADF website (alliancedefensefund.org). "To subject Christian schools to liability under the California anti-discrimination laws for expelling students who engage in homosexual conduct flatly violates this right."
The school, whose mission statement includes a commitment "to proclaim, teach, and apply faithfully the Word of God in all classes and activities," provides its standards to students and parents before they enrolled. They include a rule that students may be expelled for "Immoral conduct … (or) scandalous conduct on or off campus, which is a serious violation of Christian behavior."
The students, identified in the lawsuit as Jane Doe and Mary Roe, were expelled in Sept. 2005 for "engaging in homosexual conduct in violation of the Christian Code of Conduct, including but not limited to, posing for pictures in suggestive sexual positions."
The lawsuit was filed shortly after, asking for punitive damages in excess of $25,000.
"The 14th Amendment protects the right of parents to send their children to a private religious school that shares their religious beliefs," argue the CLS and ADF lawyers in support of their motion to intervene. "The United States Supreme Court has long recognized the existence of parents' right to direct their children's education."
Their brief cites decisions that the court has "affirmed that parental rights are among the liberties protected by the Constitution."
"These parents have chosen to send their children to private Christian schools because of the unique Christian mission and values espoused by the schools.
The state may govern the "basic requirements" of private schools, through licensing and reporting requirements, but "it cannot unreasonably interfere with the teaching and educational philosophies of such schools," the arguments said.
"Compelling the schools to condone extramarital sexual conduct … eliminates a primary reason why parents choose to send their children to these Christian schools in the first place – having their children educated and mentored from a distinctly Christian perspective."
That means, the AFBO is arguing, application of state anti-discrimination laws would violate the both the parents' and the schools' constitutional rights.
A copy of the brief in support of the motion to intervene, filed by CLS and ADF attorneys in Doe v. California Lutheran High School in the Superior Court of the State of California in and for the County of Riverside, is available at www.telladf.org/UserDocs/CLHSAintervention.pdf.
Posted Saturday, September 15, 2007 6:27 AM By David
Were the two female students in question caught on school property? If so, any school whether faith based or public should have the right to expel two students engaged in any form of sexual relations. Surely the parents know the whole purpose of faith based schools is to teach and form children and students in faith based values that all the children attending these faith based schools adhere to. America's children and students are in great need of faith based values and formation today more than at any other time in American history. Just look at the fact and the statistics. These children and students need God and the freedom that only the word of God will give them more than ever today, and their parents know this first hand. Or else why send their children to these schools in the first place? There are more than enough secular public schools around to send their children to if faith based schools do not represent the values these parents want to impart on their children. It sounds to me like this case is just another part of the culture of death agenda that is trying to impose its self by setting legal prescedents through the courts to end all faith based schools in America and various other parts of the world. Let's hope this particular case involving doe and roe doesn't violate long held constitutional rights and parental rights that made America a great nation to be envied around the entire world. May great Almighty God have mercy on America and protect the children and students right across this vast nation. May these precious children and students all come to know the great love and infinite mercy that this great almighty God has for each and everyone of them and their families. Keep praying America. God is in total control. God Bless America.
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Posted Saturday, September 15, 2007 7:01 AM By John L. Sillasen
Does this school receive any govt funds or aid of any kind? If so, then would the same defence apply, or would it get more complicated?
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Posted Saturday, September 15, 2007 7:23 AM By Tom
Maybe the day will come where the religious schools must move to "religious friendly" states.
Since religion is so quick to judge homosexuals, this would truely be justice served.
You religious people keep screaming and kicking. The world is growing up. Religion refuses to do so and will pay the price!
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Posted Saturday, September 15, 2007 10:03 AM By Maria
This school had every right to enforce their Christian beliefs. If the parents don't like it, then go to another school. That is very simple. That is what we call freedom. They had free will to choose a school of their choice. It just does not make sense, I would be suspicious of any parents who place their kids in a Christian school and then wanting the school to allow pagan immoral behavior of any kind. It doesn't make sense. Can you imagine those parents who place their child in a private school where witchcraft is practiced, then wanting that school to pray and read the bible. Please! (just an example of common sense) I applaud this Lutheran private school, may God bless them and protect them for standing up for what is right, in the end it does not matter what people think, what matters most is pleasing God. Our Catholic private schools in San Diego, should learn by this wonderful example too, don't allow any immoral behavior that goes against our beautiful faith that Jesus tought us. We have the same rights being Christians to reject this sort of sexual misconduct (or of any kind being minors) as those who approve of it. These are my two cents.
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Posted Saturday, September 15, 2007 10:10 AM By Papamac
Religion is not quick to judge homosexuals, God did that,so why do you have a problem, you seem to take some sort of right to discriminate yourself, not based on the Gospels of course, just on a perverted mindset. Homosexuals have done more damage to Churches of all faiths when Church leaders made the colossal blunder of admitting them to the Priesthood or as Ministers in the various Protestant denominations, they have proved that they cannot be trusted with their perversions so what is your beef. The price will be paid, but not by those who refuse to give in to the demonic perversions of that lifestyle. GOD BLESS
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Posted Saturday, September 15, 2007 10:19 AM By Camille
I just noticed an interesting connection between Asm John Laird's AB 14 - 2007 Civil Rights Act expanding the right of aggrieved group to sue and the 14th amendment cited here. It's the number 14.
Whether AB 14 passes or not, and the Catholic Conference wouldn't support it because it was too aggressive, the intent of extending the right to sue, to people and groups who perceive themselves as being the focus of prejudice, is happening. That AB 14 doesn't need to be signed by the Governor, that would just be the icing on the cake.
No matter what happens in this case we Christians/Catholics will be intimidated by the courts and fears of expensive lawsuits to knuckle under to the anti-moral groups. At first it was the Catholics that they came for, now it's the Lutherans. Who will be next?
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Posted Saturday, September 15, 2007 10:21 AM By Straight
Two children engaging in "homo conduct" who are expelled and their parents should be ashamed in what they are doing! And Tom, if the world is growing up, when are these girls going to grow up? I don't think so! Religion is not about growing up, it's about loving God! Religion is not judging homosexuals and the world is not rewarding them. Get a clue, man.
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Posted Saturday, September 15, 2007 10:37 AM By Grandma Hat
Tom, the girls were "judged," as you say, not on the basis of some "orientation," which may be, arguably, no more under their control than their eye color,..............but on the basis of unacceptable behavior.............Upon their enrollment, their parents had agreed to a rule which said students could be expelled for scandalous behavior "on or off campus."...........It's the parents who are "screaming and kicking.".......... They are clearly in the wrong............I do feel sorry for children of such parents............I hope these girls will be able at some time to find the help they need and deserve............ I wish them the very best.
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Posted Saturday, September 15, 2007 11:12 AM By Fred H
Tom, religion is not quick to judge homosexuals, homo acts have been considered wrong-sinful-perverted by every society, even secular society for thousands of years. This is nothing new. What's new is the in-your-face militant attitude of some people who refuse to admit that homo activity is not normal. Instead, they choose to point fingers (or middle finger) at the long standing traditions of morality that most of society still upholds, including religious institutions, for not accepting what is wrong. The world is not growing up, it is becoming complacent while a minority of abnormal people are demanding center stage and getting it. If homos want to parade their lifestyle, why don't they open up their own private homo school? Do you think they would tolerate Christians singing bible songs, or some other Christian activity on THEIR campus?
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Posted Saturday, September 15, 2007 12:09 PM By John
The world is growing up like a hot air balloon that's about to burst at any moment. Although those religious friendly states are in a beautiful place called heaven, the God of Abraham, Moses and David is a God of divine love, mercy and patience, not wishing that anyone should perish.
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Posted Saturday, September 15, 2007 12:45 PM By Puttss
In this country "religious friendly state" is a legal oxymoron.
Religion is growing up, slowly. The pew sitters just sit there.
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Posted Saturday, September 15, 2007 1:55 PM By Z*****
Excuse me, Tom, but homosexuals and the world are not "grown up". What is wrong is wrong, no matter how much time has passed by. The calendar and the clock do not determine truth. "Religion" has the right and the duty not to cooperate. If it has to pay a price, so be it. If there is a conflict between obeying God and obeying man, then God must be chosen. Homosexuals are mostly responsible for the sexual abuse crisis that has cost the Church so much pain, money and credibility. The world likes to consider the promotion of homosexuality and other perverse practices as "progressive", but there is nothing progressive about that at all. "Progressive" means to "go forward"; that is not the same thing as going astray. Much, maybe most, of what is considered "progressive" these days (and for about the past half-century, with the exception of the struggle for civil rights for blacks and other racial minorities) is not truly "progressive" in the literal sense. Rather it goes astray, like a baseball hit into foul territory. What we all need to do is heed our Lord Jesus Christ's words: "Enter by the narrow gate. For wide is the gate and broad is the way that leads to destruction, and many there are who enter that way. How narrow the gate and close the way that leads to life! And few there are who find it." (St, Matthew 7: 13-14). Just ask Fr. Paul Shanley! He would know. When we sin and go astray, we need to repent, change our ways and return to God. And we have all sinned to one degree or another. I'm not judging anyone, let alone homosexuals. If those two kids who misbehaved had been heterosexuals, the decision would/should have been the same. We all need to change. I invite you, Tom, to change your mind and embrace the truth.
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Posted Saturday, September 15, 2007 2:38 PM By Diane
It would seem that Doe and Roe were in this faith-based school to test and break the religious laws that govern them. "Sodom and Gomorrah" is at work throughout the world and their enemies are religious people. All of us must be vigilant, help those who are fighting to retain our religious freedom, whether by letters, comments such as these in California Catholic Daily, phone calls, letters, faxes, e-mails, and/or financially if possible. E-mails and faxes matter!!! We can't let evil win.....do what you can!
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Posted Monday, September 17, 2007 12:54 PM By ELIZABETH
THERE IS A CERTAIN 'CONDUCT' CODE EVERYONE NEEDS TO ADHERE TO IN SCHOOLS,.........ESPECIALLY 'CATHOLIC' SCHOOLS.
I MEAN EVERYONE.....
IF PEOPLE DO NOT WANT TO ADHERE TO THE CODE,
THEN THEY NEED TO GO TO SCHOOL SOMEWHERE ELSE.
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Posted Monday, September 17, 2007 2:52 PM By Ray Delbury
America ---turn and bless God.
What do we expect? When so called christian "churches" such as a part of the Luthern Church, and, or the Espicopal Church, and or the American Baptists, and or the Methodist--- to name just some of the main line demoniations that "allow" people that commit these sins to be ordained. Please remember Jesus loved the person but hated and hates the sin --- and we are to love these people also but we must call all to Repent and then--- America Bless God.
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Posted Monday, September 17, 2007 3:31 PM By Gail
It looks like a set-up to me. Just suppose these parents enrolled the girls just so they could bring a case against a Christian school? The girls were POSING for photographs! Sounds like a set-up to me.
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Posted Monday, September 17, 2007 3:49 PM By Andrew Betancourt
If these two girls and their parents are so proud of their actions at school, then why are the girls allowed to file suit under fictitious names?
The world is changing, no doubt about that. In Canada to say that something is agianst religious principals will bring you into some kind of court to defend yourself on charges of "hate speech".
The gay community, for whatever that is has done a very good job of forcing its beliefs on the general population backed by weak-kneed politicians and judges. Its a sad day when one has to kow-tow to mental defficients who have a perverted view of what life is all about and are willingl to go to no ends to force the public to accept their beliefs.
Perhaps the end will come when we have another Inquisition?
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Posted Monday, September 17, 2007 3:55 PM By Lisa
I hope and pray as the Christian lawyers fight for our faith and belief of "God's" Word that we will have victory on this. The parents have no legal standing, and the Church and this school has every biblical, God-ordered right to expell this abominable action. Yes, they need the Lord. But we come to the Lord as we are, yet we DO NOT remain that way. Sin is a poison. A little leaven spoils the whole lump. These parents need to be worrying about correcting and getting help for the children, not suing the school. Hmmmm, they're suing and probably call themselves Christians. Not! Try reading your Bible. God says what He means and means what He says. Homosexuality is Unacceptable!
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Posted Monday, September 17, 2007 5:07 PM By Michele
I am so thankful for this Christian Lutheran school who fears God more than man. And too, for these Christian lawyers who are not only doing their jobs, but are defending my faith and every other Christians as well. The Lord completely decimated Sodom and Gomorrah for this perversion. His hatred for it is so intense that archaeologists can not even find a trace of where Sodom and Gomorrah existed. The Church of Christ has hid its light and has remained silent toooo long......and we, today, are reaping for it in this vile, God-hating, God-mocking lifestyle. I personally hear way too many people ( referring to homosexuality) say that "people are "born" this way." And these same people label themselves Christians. This is sickening to me, and a disgrace to the Lord who shed His blood for sin. We are called to defend our faith, and calling sweet... bitter and bitter.... sweet is no example of a Christian!
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Posted Monday, September 17, 2007 10:47 PM By Maria
Michele I completely agree with you! Praise our Lord for you and for all the faithful. God bless us all as we fight the good fight. God bless all people who take part in fighting the good fight in Jesus!
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Posted Tuesday, September 18, 2007 6:54 AM By David Harvey
GBLTs,
Listen up. God set the rules, not gays, not liberal churches, nor any national laws. Christians must abide by these rules or go to hell. Christians must judge all sinful behavior and confront such, 1) one-on-one, 2) in the mouths of 2 or 3 witnesses, in front of the assembly and if that does not work, expell, banish, ban, shun, ostracize and treat them like tax collectors, publicans and pagans. We must be Holy as He is holy, separated unto God, and all who would condone such evil, perverted behavior such as GBLT, will reap the same judgment, so it is imperative we separate ourselves from all sin and those who do such, to keep our purity.
No man-made law will supercede the hierarchy of God's laws, whether you were born that way or not, it is no excuse not to obey the commands of God. We were all born sinners and have a duty to obey God's commands.
Rom 1:18-32
18 For the wrath of God is revealed from heaven against all ungodliness and unrighteousness of men, who hold the truth in unrighteousness;
19 Because that which may be known of God is manifest in them; for God hath showed it unto them.
20 For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead; so that they are without excuse:
21 Because that, when they knew God, they glorified him not as God, neither were thankful; but became vain in their imaginations, and their foolish heart was darkened.
22 Professing themselves to be wise, they became fools,
23 And changed the glory of the incorruptible God into an image made like to corruptible man, and to birds, and fourfooted beasts, and creeping things.
24 Wherefore God also gave them up to uncleanness through the lusts of their own hearts, to dishonor their own bodies between themselves:
25 Who changed the truth of God into a lie, and worshiped and served the creature more than the Creator, who is blessed forever. Amen.
26 For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:
27 And likewise also the men, leaving the natural use of the woman, bur
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Posted Tuesday, September 18, 2007 9:27 AM By michaeldochacki
I would like to comment on the issue of homosexuality based on the Word of God.Genesis1:27 God created male and female created He Them and said be fruitful and multiply and fill the earth and have dominion over everythingthat breathes and over every living creature.The Act of homosexuality is evil and an abomination in His Sight!I stand in support of the Christian Schools who expelled the two students who engaged in homosexually explicit behavior.
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Posted Tuesday, September 18, 2007 9:59 AM By Phyllis
WARNING: THIS is the type of behavior the world can expect when they do nothing to STOP HOMOSEXUAL MARRIAGE. The two lesbians don't even have decency to do their dirty work in the dark! It's hard to reach out to obviously mentally hurting individuals when they openly flaunt their afflictions.
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Posted Tuesday, September 18, 2007 10:56 AM By Ann
"And the rib, which the LORD God had taken from man, made He a woman, and brought her unto the man. And Adam said, This is now bone of my bones, and flesh of my flesh: she shall be called Woman, because she was taken out of Man. Therefore shall a man leave his father and his mother, and shall cleave unto his wife: ad they shall be one flesh." I see no sanctioning for homosexuality. Why should a Christian Church or Christian School not
embrace God's blueprint? If they didn't, they wouldn't be Christian. Those girls who chose to not walk worthy should just walk on out the door: it's a no-win situation for them.
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Posted Tuesday, September 18, 2007 11:12 AM By WB
That doesn't sound too friendly, Tom. "Maybe the day will come where the religious schools must move to "religious friendly" states." In other words, we'll be forced out of our homes by homosexual activists. And I thought gay & lesbians were nice people who didn't want to hurt anyone? Supposedly what they do is just confined to the "privacy of their own home" and "is not a threat". You've made it clear that it is indeed a threat -- thus we have good reason to be afraid. Homophobic? Apparently, you're convinced that we should indeed be that. "Religion refuses to do so and will pay the price!" Again, not a very friendly thing to say. "Pay a price" sounds downright ominous.
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Posted Wednesday, September 19, 2007 12:51 PM By JMO
Tom..FYI....The world is not growing up...It is growing worse.
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Posted Wednesday, September 19, 2007 2:44 PM By Grisha
I'm curious about the context of this. Was it at school? If not, how did the school find out? Were the girls behaviour problems before, or good students who made a very bad mistake? Did what they did really warrant the ultimate punishment a school can apply, or did the administration get caught up in the atmosphire of hysteria and fear mongering that has infected some of the religious community in recent times.
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Posted Wednesday, September 19, 2007 3:48 PM By Paleo
"sexually explicit activities"??
Being out is not sexually explicit. It's as explicit a guy hugging his girlfriend.
Than again maybe straight couples should be expelled from school too. I mean, if they're publicly dating there's a better chance that those two are having sex than a single lesbian.
I don't think an increase in self-awareness for two girls is a bad thing. It increases self-control. At least that's what it does for me.
Gay people are usually incredibly nice but we do request that homophobes please stop ticking us off. (It gets annoying and childish after a while.)
(um, Ray, it's supposed to be God bless America.
You wrote "America bless God." Sorry but I just thought it was an odd way to put it.)
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Posted Wednesday, September 19, 2007 4:51 PM By Me.
What?
The goal of Christian schools should be to accept students no matter what. Isn't it the school's job to be caring, and help them?
I, for one, do not think homosexuality is wrong.
But I have no problem with those who do.
I don't think it's a very "Christian" thing to do, kicking girls out of school because you don't agree with their lifestyle.
If they think it a sin, wouldn't they want to help the girls, rather than shun them?
And "Christians must abide by these rules, or go to hell" is complete bull.
Christianity is about forgiveness. According to your religion, God forgives the sins of those who trust in him.
I don't believe God should have to forgive something like homosexuality. It's just fine.
But if you believe it, okay.
But never, NEVER does it say that when someone sins, they're damned.
Now, the posing for photographs is a completely different deal.
The school was clear that things like that were against the rules.
But they're being lesbians should have nothing to do with this.
If they were lesbians and HADN'T posed for the photos, would they still be expelled?
That's what matters more to me.
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Posted Thursday, September 20, 2007 4:07 PM By Michele
This note is to the person signed "me." Even though you err in your judgement, I sense you are a really good person. But "goodness" is not enough to be called God's children. For Scripture tells us that there is none good, and that our righteousness is as filthy rags before God. But, this is why Jesus came....to make our crimson stain as white as snow. Now to your letter, homosexuality is a sin because "God says so." I, unlike you, do have a major problem with homosexuality or any other sin that perverts the perfect will of God. We, as God's ambassadors, do to have the responsibility and a mandate from God Himself to deal with sin in other lives as well as our own when it comes into the Church. We are to face sin and rebuke it, not sweep it under the rug because "it is not going away" but will only pollute and destroy left unchecked. Christianity is about God's Grace. Forgiveness is our gift, but forgiveness is not automatic for any of us without repentance. To truly repent means "to turn away from, stop doing it!" Jesus says repeatedly through the New Testament..."If ye love me, you'll obey my commandments." These girls can't be forgiven, until they repent. Trusting, by itself, in God will never be good enough! To me, it is "God" that matters most and what He thinks. And the Bible is clear that He will NEVER accepth these girl's behavior. They have to change their hearts.
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Posted Friday, September 21, 2007 6:56 PM By Jeff
Me needs to actually READ the Bible before commenting on it.
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Posted Monday, September 24, 2007 9:53 AM By Robin
This issue should not even be be an issue. God finds homosexuality an abomination. I just don't understand what Bible homosexuals read. It is true that we are not here to judge. We are called by Christ to live our lives according to God's Word, not as lovers or promotors of sin, but as examples of Christ. Jesus' example is clearly spelled out in the Bible. It saddens me that we are living in times where this behavior would even be questioned as OK or acceptable. Yes we all sin but when Christ enters our lives we grow in behavior, speech, and actions to better reflect the new person we've become.The example set by these girls would most certainly be seen by the other students as acceptable if nothing were to be done. How does that hold up in living our lives to be more like Jesus? Would Jesus forgive? Yes, if they truly repented of their sin. If they had truly repented this would not have become a public issue.They would have accepted their punishment and be ashamed of what they did. It would have been taken care of in private. Public schools have rules regarding religion and they must be followed. Christian schools of course would have rules that ask students to live lives as closely to Christ as possible. Their rules should be respected the same as any other schools. Yes their Christ-like moral standards will be held in higher value than what is expected in public schools thus making them a Christian school. So why are we even having this discussion?
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