Posted on 12/08/2005 6:39:33 PM PST by SmithL
A lesbian teen who was expelled in April for kissing another girl is suing her private school to ensure other students never have to experience what she went through.
Jessica Bradley and her father, Ronald Bradley, claim that Covenant Christian Academy in Loganville, Ga., breached its contract with them by expelling the ninth-grader for carrying on an "inappropriate relationship" in violation of the school's standard of conduct on "sexual immorality."
The suit filed in Gwinnett Superior Court last Friday also claims the school invaded Jessica's privacy by airing details of her personal life and outing her to the community, even though her conduct was "private, protected behavior that did not have a direct and immediate effect on the discipline or general welfare of the school."
In addition to asking for a pro-rated tuition refund plus $1 million in damages, the suit seeks an injunction on the "sexual immorality" clause in the school's code of conduct so that other students will not "suffer the unexpected harassment and humiliation that Jessica Bradley did."
"The school is trying to make a contract out of Biblical beliefs," said David Clark, the Bradleys' attorney. "It will come down to the court deciding if same-sex kissing is immoral."
The suit claims that Jessica was expelled after school officials questioned her and other students about her kissing a girl at a sleepover and her relationship with another female student "off-campus and in private."
By bringing other students into the discussions, the suit claims, rumors and gossip about Jessica spread around the school community and beyond, exposing the 15-year-old to "public ridicule."
Principal Emmaline McKinnon did not return calls for comment.
While acknowledging that the private institution is immune from most equal protection claims, Clark says that because the school's code of conduct fails to define "sexual immorality," there was no way for Jessica to know that she might face expulsion.
"We want an injunction saying that you can't secretly ban gay students. If you're going to do that, then you have to come out and say it in plain English," Clark told Courttv.com. "Right now, the code doesn't tell you anything about what sexual immorality is, aside from a few vague Biblical references."
"What Jessica did is not expressly forbidden in Scripture and a legal contract cannot be based upon vague principles of divine revelation," Clark said.
He also noted that Jessica left the Covenant Christian Academy with a 3.5 GPA and a 98 in religion class. The family has since moved to Pennsylvania.
"Mr. Bradley feels that this contributed to the need to move because of the invasion of privacy," Clark said. "He's really upset that other students got to finish the year out and that option was not offered to Jessica."
A lesbian kiss? I don't think the school forced her to experience that.
For your list.
""We want an injunction saying that you can't secretly ban gay students. If you're going to do that, then you have to come out and say it in plain English,":
I would hope that the school had a basic code of appropriate behavior. Public kissing, regardless of genders involved, is pretty disgusting (with the exception of bride and groom, and even then it's a kiss, not foreplay)IMO. I know my high school 30 years ago specified appropriate behavior.
And other stuff like that.
I hope Covenant Christian Academy counter-sues them right into the poor-house.
Valid point.
"The school is trying to make a contract out of Biblical beliefs," said David Clark, the Bradleys' attorney.
Well it is a religious school!
Cue the scene of Phoebe Cates with her roommates, and Bubba watching through the window.....
"And other stuff like that."
Agreed.
It's a private school, thus they can set whatever behavioral codes they want. Lesbianism, if that is indeed what this was, is forbidden in Scripture, so it makes sense that a Christian school would not want it going on amongst the student body.
"It will come down to the court deciding if same-sex kissing is immoral."
Great, let's just cede more of our freedom to the courts.
Well, I think a religious school can make a contract out of religious beliefs. Not only that, but I'm sure what she did is condemned somewhere in the Bible. I haven't read the whole thing yet, have you? Whatever happened to making out after school, or somewhere where people can't see anyway? Common sense Jessica, common sense!
ok, who is financing this lawsuit......it is not the 9th grade student.
Dumb Ass Attorney. He Fails to recognize this is a Private Religious School- They are not slaved to teach or indoctrinate their students the way a Public School excels at. It is also Reasonable to assume that a "Religious" School would be teaching "Religious Values" based on Christian Scripture.
How can they claim that they did not know it would violate the morality clause, and then claim damages for her being "outed"?
If this school receives direct or indirect state support (lunch program, busing, textbooks, etc.), it may be enough for a liberal judge to apply the same standards to it as a traditional public school. As a practical matter, this probably has nothing to do with the merits and is a shakedown suit, that is, the school cannot afford to litigate forever against lawyers who will work for free to push an agenda.
Cheez - my kid's Christian high school can expel you for going to a rock concert (even The Eagles with a parent). Of course they have to catch you...
They sign an agreement at the beginning of the school year that they'll abide by the rules in the handbook. Somehow I suspect this girl attended had rules about behavior, even that outside the classroom, explicitly spelled out and she/her parents agreed to them.
She outed herself when she swapped spit with another girl. Its pretty plain that the sleepover had some straight girls there that went back to school and told their classmates she was a dyke. The word got back to the school authorities and they expelled her for violating Christian Doctrine.
The parents evidently have accepted that their daughter is queer and figure to make a buck off the school. I bet the parents voted for John F'in Kerry.
"What Jessica did is not expressly forbidden in Scripture..."
Romans 1:26 "For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:
Romans 1:27 "And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet."
Leviticus 20:13 "If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them."
I guess though since it technically didn't say "woman" it is ok (/sarcasm)
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