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Full story: http://www.msnbc.msn.com/id/28896765Can someone familiar with the laws of the country explain why churches are exempt from discriminatory actions? I get that churches are non-profit organizations and do not pay taxes and other benefits (which I don't agree with but that's a topic for another thread). However, it seems to me that religions private school charge tuition for providing education (and some of them are quite expensive) thus makes them just like any other school or business in this regard. If a private non-religions school kicked someone of a particular religion out of school they would get sued for sure. Attorneys argued their expulsion was discrimination because the school took tuition, making it similar to a business setting. But Riverside County Superior Court Judge Gloria Trask ruled in January of 2008 that there was no basis for the lawsuit.
A gem cannot be polished without friction, nor a man perfected without trials. ~Chinese Proverb
The early bird gets the worm, but the second mouse gets the cheese. ~Jon Hammond
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old hand
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Don't find a link to the ruling in the case but I would assume it is based on the First Amendment separation of church and state.
"The white men were as thick and numerous and aimless as grasshoppers, moving always in a hurry but never seeming to get to whatever place it was they were going to." Dee Brown
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Don't find a link to the ruling in the case but I would assume it is based on the First Amendment separation of church and state. Does the first ammendment protect discrimination? I thought it protected freedom from descrimination.
A gem cannot be polished without friction, nor a man perfected without trials. ~Chinese Proverb
The early bird gets the worm, but the second mouse gets the cheese. ~Jon Hammond
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Administrator Bionic Scribe
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Reporting from San Francisco -- After a Lutheran school expelled two 16-year-old girls for having "a bond of intimacy" that was "characteristic of a lesbian relationship," the girls sued, contending the school had violated a state anti-discrimination law.
In response to that suit, an appeals court decided this week that the private religious school was not a business and therefore did not have to comply with a state law that prohibits businesses from discriminating. A lawyer for the girls said Tuesday that he would ask the California Supreme Court to overturn the unanimous ruling by a three-judge panel of the 4th District Court of Appeal.
The appeals court called its decision "narrow," but lawyers on both sides of the case said it would protect private religious schools across California from such discrimination suits. The court similarly found that Boys Scouts of America is not a business and therefore exempt from anti-discrimination laws. For me, if the school is a religious institution they should be able to discriminate, as stupid as that is. I am unconvinced, however, that this school is not primarily a business.
Life is a banquet -- and most poor suckers are starving to death -- Auntie Mame
You are born naked and everything else is drag - RuPaul
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...Does the first ammendment protect discrimination? I thought it protected freedom from descrimination. It's really a question for a lawyer, but, I believe that the FA covers only limitations on Congress, not on individuals or businesses. IIRC, the FA prohibits Congress from (1) denying people the right to petition and seek redress, (2) establishing an official religion, (3) restricting freedom of the press, or (4) denying people the right to assemble peaceably.
Life should be led like a cavalry charge - Theodore Roosevelt
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Administrator Bionic Scribe
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Because of the 14th Ron, the First applies to any state or governmental agency as well.
But the important distinction here is state law by which discrimination is prohibited in all businesses. Since the court found the school not to be a business, the Constitution really didn't come into play.
Life is a banquet -- and most poor suckers are starving to death -- Auntie Mame
You are born naked and everything else is drag - RuPaul
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old hand
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old hand
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WTF, over! I just don't understand the whole gay thing. These girls must have been pretty happy, taking them aside and thelling them to be a little more discrete seems to be a bettr course of action than kicking them out of school.
Just show that there are A-Holes everywhere.
A proud member of the Vast Right-wing Conspiracy, Massachusetts Chapter
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”
Thomas Jefferson
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Because of the 14th Ron, the First applies to any state or governmental agency as well.
But the important distinction here is state law by which discrimination is prohibited in all businesses. Since the court found the school not to be a business, the Constitution really didn't come into play. How is a school that charges for tuition not a business?
A gem cannot be polished without friction, nor a man perfected without trials. ~Chinese Proverb
The early bird gets the worm, but the second mouse gets the cheese. ~Jon Hammond
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It's a not-for-profit organization, kap. Yes, they charge a fee, but (at least in theory) that's only to cover operating expenses.
(We won't talk about endowments...)
Julia
A 45’s quicker than 409
Betty’s cleaning’ house for the very last time
Betty’s bein’ bad
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It's a not-for-profit organization, kap. Yes, they charge a fee, but (at least in theory) that's only to cover operating expenses.
(We won't talk about endowments...) So then the question is: can a non-profit organization descriminate?
A gem cannot be polished without friction, nor a man perfected without trials. ~Chinese Proverb
The early bird gets the worm, but the second mouse gets the cheese. ~Jon Hammond
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