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Schools can expel students that 'seem gay', appeals court rules

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posted on Jan, 28 2009 @ 08:14 AM
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Schools can expel students that 'seem gay', appeals court rules


rawstory.com

A California appeals court ruled Monday that a Christian high school can expel students perceived to be lesbians, upholding a 2008 lower court ruling that there were "no triable" elements to the case, according to a story released by the Associated Press Tuesday evening.

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.
(visit the link for the full news article)



[edit on 28-1-2009 by DimensionalDetective]




posted on Jan, 28 2009 @ 08:14 AM
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Oh boy, this one is sure to be recieving some additional press in the coming days I bet.

This is a touchy issue to say the least, and I must admit ignorance in where the legalities of such issues may rest in modern society and the law of the land.

My guess is that because it is a PRIVATE school, being listed as a religious organization, that there is no legal jurisdiction for an appeal?

Outside of the law, this type of thing does sadden me a bit, particularly if we're dealing with children who had strong faith, but were BORN the way they were...

I would like to hear both sides to this, pro and con...

rawstory.com
(visit the link for the full news article)



posted on Jan, 28 2009 @ 08:18 AM
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Unfortunately there is a federal law prohibiting discrimination. However since it is a private school, they can basically declare what ever rules they want.

I dont see the problem with it. Its a private school.

If it were a public school, thats a whole different ball game.



Cheers!!!!



posted on Jan, 28 2009 @ 08:24 AM
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I agree with RFBurns. I don't like the fact that the school has chosen to take this route, but they aren't bound to the rules that govern public institutions.

As far as an appeal is concerned, I can't imagine why a student would want to fight for his or her attendance at a school that encourages such baseless persecution. I'd be searching for the nearest exit if I were a current student, if only out of respect for my peers. What nonsense.



posted on Jan, 28 2009 @ 08:25 AM
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And the world becomes even more insane with each passing day.


How exactly does one "seem" to be gay?
You either are, or are not. There is no "seem" about it.

It's a modern day witch hunt perpetuated by a group of religious fanatics no better than those who blow themselves up and take others with them.

The main lesson to all here should be, don't enroll your child in any religious institution or religiously-led education. If you do, you risk them hating you with a passion from the moment they are old enough to understand what you did to them.

Well done California, you steal the civil rights of a large group of people successfully and this is what happens; bigotry and hatred with a convenient excuse.
You take one right away, and all others are suddenly at risk too.

Shame on them.



posted on Jan, 28 2009 @ 08:55 AM
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reply to post by detachedindividual
 


That was definitely one point I was scratching my head over as well---How does one "seem" gay?

And who exactly is the determiner of this? Kind of weird wording IMO.



posted on Jan, 28 2009 @ 09:39 AM
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Nothing like religion to keep us in the dark ages! It may be a private school with it's own rules - but it could be argued that the school exists within a state or country who's greater laws dictate what is legal or illegal. IMHO the private school is neither above nor exempt from such laws.

The draconian witch burning attitude still exists today albeit toned down or camouflaged and I'm sure they still would if they could get away with it!

EMO's beware!



IRM



posted on Jan, 28 2009 @ 10:19 AM
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Its a private school...THEY dictate what and who they want there. Thats that...get over it. The school has the right to deny whoever they want. I love how its ok for gays or minorities to demand and push THEIR agenda on others...but when others want to enforce their agenda then all of a sudden its WRONG! BS...get over it. Not everyone wants your lifestyle or accepts your lifestyle...end of story.

As for the (seems) to be gay thing...lets look at it. How many "lesbians" have had boyfriends? How many "gay" men have kids and are married to women, or used to be? How many "gays" swing and sleep with both sexes? SEEMING to be gay is pretty common...I uess the more accurate description would be, TRYING TO FIGURE OUT WHICH WAY YOU WANNA GO!

Bottom line...if your gay, fine. If you wanna be gay, fine. Should you be given the same rights as all of us, sure, but should PRIVATE schools be required to accept you..NOPE. Just like many of you don't accept those who can't stand your lifestyle. There is NO difference.



posted on Jan, 28 2009 @ 10:22 AM
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Originally posted by InfaRedMan
Nothing like religion to keep us in the dark ages! It may be a private school with it's own rules - but it could be argued that the school exists within a state or country who's greater laws dictate what is legal or illegal. IMHO the private school is neither above nor exempt from such laws.


Hope you feel that way when YOUR private residence, which is located in a state and country where the greater laws allow them to walk in your front door and do anything they want....and you have NO say in it. Because you as a private citizen is not above nor exempt from such laws! Its easy to take away others PRIVACY rights...but whats good for the goose...



posted on Jan, 28 2009 @ 04:34 PM
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You mean that happy students can be expelled? Why? Do they only want sad students.



posted on Jan, 28 2009 @ 04:50 PM
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A bisexual 15-year old boy in Sweden, just a few years ago, experienced discriminations because of his orientation. He took the matter in own hands, and sued the School- and won.

If everybody(Theoretically) did the same as he did, schools wouldn't dear to hold such rules in the near future.



posted on Jan, 28 2009 @ 04:58 PM
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I agree with the few others....

This is a private school where people PAY to attend. If you dont like their rules, dont attend. Simple!


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.
seattlepi.nwsource.com...






And
to dbates



[edit on 1/28/2009 by greeneyedleo]



posted on Jan, 28 2009 @ 05:20 PM
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Originally posted by Nightchild
A bisexual 15-year old boy in Sweden, just a few years ago, experienced discriminations because of his orientation. He took the matter in own hands, and sued the School- and won.

If everybody(Theoretically) did the same as he did, schools wouldn't dear to hold such rules in the near future.


That was more than likely a public school. Private schools have always and will always make heir own rules. Nothing can e changed about it. If parents want their kid to go to a school that discriminates then so be it, that is their choice. Personally I would not, if I was gay, want a school to be forced to accept me. Why? Cause thy don't want you there, they are going make things hard on you. Why go where youa re unwanted when you can find a place that will accept you and doesn't cost money?



posted on Jan, 28 2009 @ 05:28 PM
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Wow , I didn't know that just because a school is private it can override federal laws or even the constitution.

In my country if you want to open a school or a hospital even , you cannot just discriminate people like that , you can create your rules sure , as long as it does not collide with the rules of society.

And people say America is the land of freedom :O



posted on Jan, 28 2009 @ 05:29 PM
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As long as they don't receive ONE dime of government money, they can reserve the right to serve anyone. If they receive funding they give up that right.



posted on Jan, 28 2009 @ 05:35 PM
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Originally posted by Roufas
Wow , I didn't know that just because a school is private it can override federal laws or even the constitution.

In my country if you want to open a school or a hospital even , you cannot just discriminate people like that , you can create your rules sure , as long as it does not collide with the rules of society.

And people say America is the land of freedom :O


You are free here. Free to get an education from a public school. I man, personally, I don't want my kids indoctronated(sp) with religion, and want them to think for themselves when it comes to public school. Either way I would never send them to private school. Sure they have better drugs and looser women, but do they really need that?



posted on Jan, 28 2009 @ 05:36 PM
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Will the school institute a 'gay' test? How will they determine who looks gay? Who will make up the questions for the gay test? I can see them expelling kids for breaking rules, but how does one 'catch' someone being gay?

[edit on 28-1-2009 by virraszto]



posted on Jan, 28 2009 @ 05:37 PM
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It's a private school, so they are allowed to make their own rules.

But look at the bright side: at least those students who get expelled will get a real education elsewhere.



posted on Jan, 28 2009 @ 05:40 PM
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Well, if ALL Gay, Bi and Transgendered people started to walk with their heads high, regardless of where they are, the discriminators, in time, would simply getting tired out, and realise that their silly discriminations make no progress.

You can also do as a friend of mine did, that is a superduper open Gay; Walking around with a big coat with big, sprayed words on the back saying "F*** You".



posted on Jan, 28 2009 @ 05:47 PM
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The right of private religious organizations to adhere to their beliefs will soon be a quaint historical footnote. You can be arrested for simply reading in a public place certain passages from the Bible. While this makes most of the post-christian West happy, they don't realize just how far we have slid down the abyss into tyranny.



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