Well if this holds up across the nation, Miss Porter’s in Connecticut could see enrollment drop by half. (Kidding! Sort of.) But out in the Wild West of opposite marriage-loving California, the State Supreme Court upheld a lower court ruling giving private schools the right to expel gays. Naturally, religion and MySpace are factors here.
California Lutheran High School in Wildomar, Calif. (east of Newport Beach; map) suspended and then expelled two girls in 2005 after another student told administrators about their MySpace profiles, which would have led plenty to assume their sexual orientation was not exactly straight.
The parents of the girls (who have since graduated from another high school and have not disclosed their sexual orientation) sued, and the case has made its way through the courts. Their lawyer argued allowing allow the school to kick the girls out would snowball into permitting the expulsion of students based on other classes, like race or religion.
The Supreme Court didn’t see it that way, reports the San Francisco Chronicle, and now the rule of the California land allows private schools — considered businesses to the court — to discriminate as they see fit. The case hings on 1959’s Unruh Act that prohibits businesses from discriminating; it was updated in 2005 to include sexual orientation. When it comes to schools, state education law bans discrimination based on sexuality, but only in public schools.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
Now, California Lutheran High School doesn’t receive any state or federal tax dollars, does it? ‘Cause that would surely change things. Uh, we hope.
read it
I read that case early this year and although I personally find it ridiculous to have expelled the girls for homosexual conduct, the court’s logic was sound under the Unruh Act and previous case law on this issue. The issue became whether the school constituted a business establishment under that particular act and using the factors test established by case law, it did not. Since it was not considered a business establishment, the discrimination prohibition statute did not apply and the school did not violate any law regarding the expulsion.
Given the current laws, the case was decided correctly in the CA supreme court. But I would argue that no one, especially schools, should be allowed to discriminate, regardless of whether they are a business establishment. Why should we limit protections to such narrow situations? This is what needs to be settled in the future as CA becomes more gay friendly.
sal
@read it: amenz
J
@read it: This thread ended with you, good sir. Little else to say, really.
Michael
My friend was just expelled for coming out of the closet. He did nothing wrong; he was actually 5th in a class of 200. But still, being gay makes you soooo horrible that any academic ability or character qualities just COULDN’T make up for that.
damn this world.
Patrick
I actually think that the court did the right thing in this situation. While I do not agree that church’s or private institutions should discriminate, they should also not be forced to do something against their beliefs.
When we were fighting to get prop 8 to fail, one of the biggest draws on the pro-8 side was the belief that if us gays were allowed to get married then churches would be forced to marry us.
Even though I do not agree that the girls should have been kicked out, I feel that the school should have every right to do so, as long as they receive no money from the government.
We should not force private, religious institutions to have to compromise their beliefs.
RainaWeather
Private school, case closed
jason
Does this private school receive any public funding? One needs to know.
Carsen Tyler
Hahaha, if the high school I went to decided to kick out all the girls who ever showed homosexual behavior, you would have no one but stuck up bitches who have been devoted to the same guy since the seventh grade. Man everyone in my school at least dabbled in acting out on girl crushes. Then again my school was the eccentric all girl school.
The Lesbian Mafia
We love you, Queerty.
Stef
What I don’t understand is, if they are basing it on the “religious” bit, would they not allow Jews/Muslims or girls who are openly sexually active to be part of their classes?
When I was younger I went to a private Catholic grammar school (scarred for life, you have no idea). We had 2 Jewish kids in our class. They obviously didn’t participate in the religious things, and I believe were put into a different class during our “religion class” time.
They went to the school because the public schools in the towns surrounding my own town were BRUTAL. As much as I hated the school, I can’t lie and say it wasn’t a good perk education wise.
I just wonder how people would eact if a child was turned away from a school because they were JEWISH not Cathlic, because they were openly sexually active, etc. Would there be as little pissed-offness?
Oscar
Those this ruling means that schools that do not get public funding can descriminate against blacks and jews also.Oh,I hope so.Finally getting things to where they are supposed to be NORMALLY.
obey wan
I wonder if they expel any guys or girls for sexual conduct and/or pictures on myspace. I imagine the punishment would be similar if a guy or girl exposed themselves on myspace.