Riverside County judge dismisses discrimination suit against Christian high school

By: NELSY RODRIGUEZ - Staff Writer
Lawyers for students who filed case plan to appeal | Tuesday, January 22, 2008 9:04 PM PST

RIVERSIDE -- Attorneys for two former students who were expelled from a Christian high school in Wildomar for allegedly having a gay relationship plan to appeal the case's dismissal.

After a Superior Court judge decided last week to throw out the discrimination and unfair business practices suit against California Lutheran High School, attorney Kirk Hanson said he intends to argue once again in appeals court that the school is a business and therefore must abide by anti-discrimination laws that apply to businesses.

"That's where this case would have ended up regardless," said Hanson, the lead attorney for the female students, who are unnamed in the case. "Win or lose at the trial level, the case is going to be in front of a court of appeal."

At the core of the dispute is whether the private high school is considered a business and therefore bound by California's Unruh Civil Rights Act, which protects against discrimination based on age, disability, race, religion, gender and sexual orientation by any California business.

The school charges $7,250 per year for students to attend, has a current enrollment of 104 students and is registered as a nonprofit organization.

In court documents dismissing the case, Riverside County Superior Court Judge Gloria Connor Trask said she found "no triable issues" with regard to claims that the school discriminated against the girls because of their perceived sexual orientation, invaded their privacy, falsely imprisoned them and engaged in unfair business practices.

The judge's rationale for dismissing the case echoed the argument made by the high school's attorney, John McKay.

"It's correct," he said. "The First Amendment gives Christian schools the right to educate children on the (basis) of Christian beliefs. We're right on the First Amendment (regarding) free association."

Hanson, however, said he plans to argue to the appeals court that the Unruh Act applies because the school is in the business of providing education for a fee.

"In some respects, I think a private school acts more like a private business than a public school because students have to actually pay money in exchange for that (educational) service," Hanson said. "The private school here is a business, and all the factors that other courts use to show that it's a business were here."

Hanson said he plans to file the appeal as soon as Trask produces a final filing of her ruling.

The case dates to April 2005. Then, the two girls, who were juniors, were expelled from the high school after administrators noticed what they believed was a lesbian relationship between them. The relationship was alleged in a letter addressed to their parents upon their expulsion.

Since then, in a series of motions, high school officials attempted to have the court force the girls to say whether they were indeed gay or bisexual. But the girls were not required to do so. At one point, Trask ruled that expelling the girls did not violate the state constitution.

Whatever the outcome, the appeal stands to set a legal precedent with respect to religious schools and the balance between freedom of religious practice and freedom from discrimination, Hanson said.

"It looks like we're sort of in uncharted territory," Hanson said.

-- Contact staff writer Nelsy Rodriguez at (951) 676-4315, Ext. 2626, or at nrodriguez@californian.com.

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40 comment(s)[-]Go to Top

Edward wrote on Jan 22, 2008 10:59 PM:Good. Enrolling in a private school is a choice that is made on academic, cultural, and philosophical factors. It's not right to enroll in a school that has certain defined beliefs and rules, and then decide you don't want to comply. Simply enroll in a different school that closer matches your idealogy. Don't sue to try to make the existing school what you want it to be.

Bill wrote on Jan 23, 2008 1:25 AM:This suit is typical of how well intended laws become misunderstood and misused after time. The UnruhLaw was passed back when Black people were routinely denied service in many restaurants and hotels, and in housing sales and rentals. S777 will soon be misuded too unless repealed soon.

Parent wrote on Jan 23, 2008 5:06 AM:It would be interesting to know who is paying the legal fees for this law suit? My guess is a "Gay" rights group somewhere. I agree with Edward above. The school should have the right to set their own standards since they do not take public money to run their school. This has turned into another push by homosexuals to force their lifestyle down our throats. I hope the school continues to fight against this.

Agree with Edward wrote on Jan 23, 2008 5:56 AM:Great point Edward! CHRISTian schools are supposed to be CHRIST centered not world centered! ... However, God loves them anyway!

Stacey wrote on Jan 23, 2008 6:42 AM:I certainly agree that private schools should be able to decide their own enrollment criteria. However, once an enrollment has been accepted, it should require proof of a violation. Mere speculation shouldn't be enough.

JSten wrote on Jan 23, 2008 7:50 AM:"God is love, God is love"

I don't see any of either in this story, the school, or the comments.

Maria wrote on Jan 23, 2008 7:50 AM:Edward I agree with your comments 100%. ...

Concerned-1 wrote on Jan 23, 2008 8:34 AM:I don't believe in a right given to "sexual orientation." Just because I like blondes (notice the e), doesn't mean I should have the right to do something. More PC bunk to drag us down.

David wrote on Jan 23, 2008 8:34 AM:God discriminates quite heavily in the Bible. Please read. Let the gay crowd open their own school or go to public school. While I'm at it, leave the Boy Scouts alone too. I see a lot of things that are offensive to me every day. It doesn't mean that I go to court about it.

to JSten wrote on Jan 23, 2008 8:34 AM:Here is a comment for you:
On a daily basis tens of thousands of people die of starvation, disease, wars, torture, accidents etc, and thousands are born dead or deformed etc; while hundreds of millions live their entire lives in grinding poverty.
Can you please explain why this loving god does this?

Jake wrote on Jan 23, 2008 8:45 AM:While the school may be right to do this under the rights they have, it's quite the ironic act - if your Christ loves them, wouldn't he want them to get a good education, regardless of their sexual orientation? He just does not love them enough? Or loves them differently? That's not a kind of love I want to be associated with...

Perceived? wrote on Jan 23, 2008 8:48 AM:Where's the proof of their orientation? And even if they *were* gay, Christ commands us to love one another. He'd have sat down to lunch with them on a daily basis.

So much for the school being Christian in nature.

To Comment to JSten wrote on Jan 23, 2008 9:19 AM:Maybe you missed Genesis-things were created perfectly by a loving God. Then came the concept of "choice". Adam & Eve(the humans) "chose" to disobey the loving God. Hence, their punishment which befall us all-"On a daily basis tens of thousands of people die of starvation, etc." And yet, our loving God still continued to love His creation by {John 3:16) "sending His only Son" to cover our sins. And guess what, we continue to sin. God doesn't do these things. He continues to BLESS and LOVE us in spite of our actions. GOD BLESS YOU.

Reply to JSten wrote on Jan 23, 2008 9:20 AM:A loving God put us here on earth WITH FREE WILL TO MAKE OUR OWN FREE CHOICES (what a gambler it would seem) and gave us simple instructions that would allow us to live a very good life and also gave us specific warnings about what would cause us NOT to have a good life. There is a rebellious streak in human nature that simply doesn't want to go by the rules! The first rebelling occurred very early in the game when the people decided not to do it God's way. It's only gotten worse and it will continue to do so until people wake up and begin to do life God's way. Read the Bible, it's no secret and it's all there. He sent Jesus to show us how to "have life and life more abundantly". Call any good Bible believing Spirit filled church if you want more info. God's been uninvited (kicked out) of public schools and many lawsuits are pending to kick him out of other venues. It's lucky for you that I'm not God or I'd wipe out the whole mess and start over!

Thank you Judge wrote on Jan 23, 2008 9:30 AM:God Bless You Judge. Thank you for your correct interpretation of the spirit and intent of the law.

Watch out... wrote on Jan 23, 2008 10:12 AM:This was obviously an attack by the "diversity" crowd on another religious institution. They are dead set on destroying any mention of or exercise of religious freedom. I'm sure a little checking by this paper would reveal who financed and organized this attack. The sad part is how much this school had to pay to defend itself. I'm sure it hurt their already small budget.

JSten wrote on Jan 23, 2008 10:44 AM:Wow I am a popular guy! My point is this-I actually believe in the christ, I believe in a supreme being (god). I dont think it would take much to be supreme to mankind. In the entire universe to think that man is the grateast accomplishment found anywhere seems feeble minded.

I cant take too seriously muddled concepts passed down from generation to generation, sometimes by word of mouth. Every telling is subject to interpretaion. I guess it must be a miracle that anything made it to our times at all. (Blessed are the cheesemakers)

I cant embrace what man has done to what I understand to be the teachings of the Chist. Even Monty Python will poke fun at Christians, but not at the core message of Christ, which I dare say is to love one another in spite of our diffences (but maybe I didn't get that one right either).

God is not about control, but man is. God reserves the right to judge as his exclusive domain, yet the self righteous presume to sit in judgement of two young women show found some thing special about each other.

Its pretty pitiful, really.

JSten wrote on Jan 23, 2008 10:48 AM:I though love is about where you place your heart, not where you put something else. I a probably wrong about that too.

I am sure that god loves each and every one of you-in the socially and morally acceptable way only, of course.

Reply to JSten (again) wrote on Jan 23, 2008 11:28 AM:Hey guy, you sound like you'd make a pretty good preacher, you have tenacity and endurance and you're right about the greatest commandment (quoting Jesus) "is to love one another and love your neighbor as you love yourself" but I think you'd do yourself a favor by just a little course correction and turn the control of your life over to Jesus by faith (believing without seeing or knowing for sure) and let His Holy Spirit intrepet His book, the Bible to you and then read it and meditate on it and then clarity and GODLY love will come to you, not just wordly love which usually always has ulterior motives. Be blessed!

Woe to you... wrote on Jan 23, 2008 12:07 PM:Pharisees and hypocrites. Funny how only certain biblical rules get followed while others are ignored. For example read Leviticus 19:33-34 which clearly requires God's people to help immigrants, not to "vex" them (KJV). That passage is certainly not adhered to by the anti-illegal immigration crowd. Is it not God's word just as those passages containing anti-homosexual scriptures? Either follow the bible or don't claim to be a follower of God's. We do not get to pick and choose among the Lord's rules for us. That is why, as a Quaker, I aid my immigrant brothers and sisters. I refuse to raise arms against another of God's works, and I leave the judging of people including homosexuals up to the LORD.

JSten wrote on Jan 23, 2008 12:12 PM:My unwavering faith in the word of the Christ leads me to NOT presume to judge two young women who have developed an emotional attachment to each other.

How come my wrote on Jan 23, 2008 1:00 PM:kids can't get into a Muslim based school?

yep wrote on Jan 23, 2008 1:08 PM:the ironic thing is that there are probably closet gay or lesbian teachers at that school.

Bill wrote on Jan 23, 2008 2:09 PM:My impression from prior stories was the problem of their behavior together, continuing after warnings, that it was such that it was not acceptable behavior even if between a boy and a girl together on the elementary school campus.

Wow wrote on Jan 23, 2008 2:30 PM:Religious people are scary......some say there are no athiests in foxholes - well, if I'm in a foxhole, I'll be with JSten...he/she seems to have his/her head screwed on right. The rest of you are just plain creepy.....

to JSten wrote on Jan 23, 2008 4:20 PM:Still waiting for an answer to my posting at 8:34
Can you please explain why this loving god does this?

JSten to Still Waiting wrote on Jan 23, 2008 4:45 PM:
I cant pretend to have an answer for you

I think some Buddhists have heard about have a better take on this than many I have seen. Many say that their place on this earth is to help those who are suffering. I think that Christ made some of those same same points by his work and his deeds (as we know them). The fact that there is pain and suffering is inescapable and to me its a wonder that any of us make it to old age at all.

To me its more important to not willfully contribute to the pain and suffering of others, and if possible try to make things better.

On another point, if the girls were misbehaving and violating a code of conduct that they agreed to, then they need to take responsibility for that. However what I saw was something far different, disproportionate, and more mean spirited than an adult response to an unruly adolescent.

Peter wrote on Jan 23, 2008 5:06 PM:These blog comments have nothing to do with this story. Think people think... If you as a parent sign on the dotted line accepting the rules of the private school, then disciplinary action against your son or daughter should be expected when they break the rules. Face the consequences and move on. It's that easy.

Fanatics, all of you wrote on Jan 23, 2008 5:34 PM:It’s good to see this lawsuit didn’t hole water.

To Peter wrote on Jan 23, 2008 5:58 PM:Did they even break any rules? The story says they were expelled for a suspected relationship, not an actual one.

Rambo wrote on Jan 23, 2008 6:02 PM:I made my fortune selling wooden crosses on the mean streets of Compton. God, if you choose to believe in him, loves all of his creatures even the gang bangers who stalked and assaulted me as I hawked my products on some rough street corners. God loves these students too and only self-righteous fools (no different than those Muslim fanatics who commit bloody acts of terror)feel it is God's work to ostracize and expel these young ladies from school and eventually society if they had their way. The next step will be for these fanatics to deny them job opportunities, force them to wear a symbol to identify their ungodly behavior, and maybe even death for violating God's laws. You fanatics have no right to interpret God's true intentions or to twist his commands to fit your inadequacies. You're a buch of hypocrits. Leave these women alone!!

RobertM wrote on Jan 23, 2008 6:05 PM:A private school has the right to expel students for unacceptable behavior. Whether it's fighting, smoking, sexual behavior, drug use or whatever. I'd be willing to bet there was contract signed upon admitance to the school where the students agree to follow rules set by the school. Apparently the students broke the rule.

Edward wrote on Jan 23, 2008 7:00 PM:to "Rambo"; I think you're carrying the comparison a bit too far. Yes, God does love the girls involved. He also despises their sin. Our sins, of all types. It's good to use discerning judgement when we place our children in schools, clubs, activities, etc. It's OK for a private school to set standards and rules for their students and staff. There do exist black and white situations where we have our faith, character, and wisdom tested. God certainly loves us, and wants us to lead our lives according to His will, not our will.

Once Again wrote on Jan 23, 2008 7:11 PM:It seems that someone is on a power trip about been gay, I wish they showed this chicks. I bet they are hot...

David wrote on Jan 24, 2008 2:31 PM:God discriminates - quite heavily. Read your Bible. Let the gays form their own school. While I'm at it - leave the Boy Scouts alone.

Actually, David... wrote on Jan 25, 2008 10:30 AM:God doesn't discriminate - man does. The bible was written by men, not god. Did jesus discriminate in a way that separates, divides, and renders less worthy? (I am assuming that this is what you mean by discriminate?) I seriously doubt it.......jeez - some of you religious people just scare me.

Someone wrote on Jan 25, 2008 12:38 PM:God is very much a God of love. However, he is also a God of justice and wrath ("I did not come to bring peace, but a sword.") He is not a smiling pacifist in the sky, nor is he a doormat who changes his Word based on what the world thinks to be correct. If you actually read the Bible, God is very clear that Christians are not to associate with certain types of people. And frankly, I care much more about what my God thinks of me, not what the world thinks of me.

1: Corinthians 5:11
But now I am writing you that you must not associate with anyone who calls himself a brother but is sexually immoral or greedy, an idolater or a slanderer, a drunkard or a swindler. With such a man do not even eat.

Smarty wrote on Jan 25, 2008 12:41 PM:1 Cor. 6-9
Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders

CAROLE wrote on Jan 28, 2008 6:43 PM:This needs to stop. Our society needs to hearken to the words of the Bible and to our Lord Jesus Christ, or we shall all burn. God's words about women who lie with other women are crystal clear. It's right there and black and white, people!

We are not allowed to pick and choose the parts of the Bible we live by, folks. It sometimes seems harsh, but we are not to question the plan God has for us. It is written that the wages of sin are death, ladies and gentlemen. I'd say these two deeply disturbed young ladies are getting off pretty easy. May they find their way to Christ, repent their sin and dedicate their lives to God.

And may America find its way back to the leadership of Jesus Christ.

Roberto1 wrote on Jan 31, 2008 8:37 PM:I think I'm a lesbian trapped in a mans body...with that said, you would not know this to be correct unless I told you. Keep youe sexuality to yourself.

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