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FRIDAY, NOVEMBER 27, 2009
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12

Calif. Court Rules School Can Expel Lesbian Kids

Private body not ruled by discrimination laws

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(Newser) – A California court has ruled that a private school's expulsion of two girls for "conducting themselves in a manner consistent with being lesbians" was lawful, the Los Angeles Times reports. The court decided the religious school did not count as a business and was therefore exempt from discrimination laws. A lawyer for the girls—who deny they confessed their sexual orientation to the school's principal—said he plans to appeal the "very troubling" ruling.

"It is almost like it could roll back 20 to 30 years of progress we have made in this area," said the attorney. "Basically, this decision gives private schools the license to discriminate."

A California appeals court has ruled that a private religious school did not violate discrimination laws by expelling two students it believed were lesbians.
A California appeals court has ruled that a private religious school did not violate discrimination laws by expelling two students it believed were lesbians.   (©Alex Steffler)
The court decided that the Lutheran school was not a business and was therefore not covered by laws that prohibit discrimination in businesses open to the public.
The court decided that the Lutheran school was not a business and was therefore not covered by laws that prohibit discrimination in businesses open to the public.   (Shutter Stock)
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The school's religious message is inextricably intertwined with its secular functions.
- Justice Betty A. Richli of California's 4th District Court of Appeal

It is almost like it could roll back 20 to 30 years of progress we have made in this area. Basically, this decision gives private schools the license to discriminate. - Kirk D. Hanson, attorney for the two expelled schoolgirls

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12 comments
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Newser001
Jan 28, 09 8:19 AM CST
I'm open minded, but blatant outlandish behaviors can be and are disruptive in educational environments. Both straight and gay people can coexists normally if they aren't radicalized. School is not a venue to politicize your gender preferences. Gay's AND straights can be normal people if mature enough to recognize appropriateness. This indeed may represent a case of prejudice, but lets hope the girls weren't being openly promiscuous nor advertising their posturing. Reply
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christine_m
Jan 28, 09 8:54 AM CST
From the article: :The dispute started when a student at the school told a teacher in 2005 that one of the girls had said she loved the other. The student advised the teacher to look at the girls' MySpace pages. One of the girls was identified as bisexual on her MySpace page, the other's page said she was "not sure" of her sexual orientation. McKay said the website also contained a photograph of the girls hugging." Doesn't sound blatant outlandish to me.... If a gay couple displays the same affections as hetero couples do, is that OK? I mean, have you seen how straight teenage couples behave these days??
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MrsK
Jan 28, 09 8:56 AM CST
Not everyone believes the homosexual mafia has a place in our schools. So as an alternative some of these folks choose to send their children to private Christian schools (and pay for it). Thank God the school won the first round in this litigation although I'm certain it is far from over. Reply
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christine_m
Jan 28, 09 2:31 PM CST
"homosexual mafia"?? Seriously, how about religious zealots who want everyone to believe their own twisted view of religion? I used to be extremely religious, but mainstream Christianity has become a tool of hate. "Homosexual Mafia" statement is a case in point.
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Nwambe
Jan 28, 09 9:00 AM CST
If a couple are making out in the hallways, gay or straight, we take them to the principal's office as teachers. In fairness, because gay couples are more conspicuous than their straight counterparts, we may be more sensitive to their PDAs, so we act accordingly. If they were flaunting their sexuality (As teenage girls are wont to do), then no matter gay or straight, it's a problem for other students. Reply
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