Court: Christian school can expel lesbian students

[MacBeth]

As long as it is a private school that receives no taxpayer money or benefits in any way, I suppose they can include or exclude whoever they choose.....but I do wonder how the people would react if someone was expelled for being a heterosexual?


RIVERSIDE, Calif. – A California appeals court has ruled that a Christian high school can expel students because of an alleged lesbian relationship.

The 4th District Court of Appeal in Riverside on Monday upheld California Lutheran High School's right as a private, religious organization to exclude students based on sexual orientation.

Two girls sued claiming they were discriminated against after they were expelled from the Wildomar school in 2005. A lower court said the school isn't bound by the same anti-discrimination laws as a business establishment.

John McKay, attorney for California Lutheran, says the school's goal is to educate based on Christian principles.

The attorney for the girls could not be immediately reached Tuesday



news.yahoo.com/s/ap/20090128/ap_on_re_us/students_expelled

[Pax]

Homosexuality isn't a protected class... yet.

As well, freedom from discrimination is obvious generally, but it's dodgy in particular circumstances... a good example is strip clubs, or Hooter's. And t'be honest, I think the protection of freedom of religion gives private religious schools some leeway on this.

[oskar]

As long as the students/parents got their money back I don't see a problem.

[MacBeth]

I agree.

But I still think that if one of those who expelled the girls were kept from some chosen pursuit because they are heterosexual, they would be pretty upset and get tons of support.

[Pax]

No doubt about that, Beth -- I'd love to see that tested someday. And I'm sure you're right.

[Georgina]

Jan 28, 2009 15:55:17 GMT -5 Pax said:

And t'be honest, I think the protection of freedom of religion gives private religious schools some leeway on this.

That's actually an interesting one to argue, Pax, because it was tested in Canada a number of years back. The circumstance was a gay teacher being fired from a working at a private religious college when they found out about his sexual orientation.

Vriend was fired from a Christian-based college because he was gay. The Supreme Court ruled (in 1998) that Alberta's human rights law violated the Charter of Rights by failing to protect homosexuals from discrimination.

A panel of leading constitutional experts has since ranked Vriend among the court's 10 most important Charter verdicts. It led to reforms across Canada to make laws comply, and arguably set the stage for same-sex marriages.

www.canada.com/edmontonjournal/news/story.html?id=0b7c384d-28ad-44c5-a3a9-4a9b5f95fa9f


Essentially the Supreme Court ruled the rights of an individual outweighed broader rights such as exercise of religious principles if those principles were discriminatory.

Note the slippery slope potential, though.

[oskar]

Canadian laws and American laws are different, G.
I'd also add that the Canadian legal system is far less politicised than that in the US.