Updated 11:59 pm.EST, Mon November 23, 2009

Society|Wed, Aug. 13 2008 09:22 AM EDT

Judge Rejects Christian Schools' Discrimination Suit Against UC

By Nathan Black|Christian Post Reporter

A federal judge upheld the University of California's decision to deny students credit for some courses offered by Christian high schools, rejecting claims of discrimination and infringement of free expression.

  • Calvary Chapel
    (Photo: AP Images / Chris Carlson)
    In this file photo, students leave the campus at Calvary Chapel Christian School Tuesday, Jan. 3, 2005, in Murrieta, Calif. The University of California has refused to approve courses at Calvary, which in turn has filed a lawsuit against the university system.

U.S. District Judge S. James Otero of Los Angeles ruled against arguments from Calvary Chapel Christian School of Murrieta and Calvary Baptist School in La Verne and said UC's review committees cited legitimate reasons for rejecting the courses, which include English, history, government and religion.

The university's decision was constitutional, the judge said in a final ruling issued Friday, noting that the UC did not reject the specific courses because of "animus," or anti-religious bias. The ruling follows Otero's decision in March that upheld the university's system of approving high school classes.

Calvary Chapel and the Association of Christian Schools International filed a lawsuit in 2005 when UC did not give credit for some courses when considering students' eligibility for university admission. The Christian school argued that UC unconstitutionally treated Calvary students unequally compared to other students and denied to honor courses that had a "Christian viewpoint" or "any instance of God's guidance of history, or any alternative ... to evolution."

The lawsuit contends that the UC school system has refused to approve over 150 courses that were intended to be taught by Christian, Catholic, and Jewish high schools merely because they were to be taught from a religious viewpoint. Calvary Chapel and ACSI argue that the UC is attempting to force Christian schools to water down their teaching.

"It appears the UC is attempting to secularize private religious schools," attorney Jennifer Monk of Advocates for Faith and Freedom said Tuesday, in a released statement.

The federal judge, however, ruled that UC rejected the courses not because they contained religious viewpoints, but because they were too narrow to fulfill UC's entrance requirements.

UC has approved many courses containing religious material and viewpoints but it denies credit to courses that rely largely or entirely on material stressing supernatural over historic or scientific explanations, the judge said, as reported by the San Francisco Chronicle. Such books would be acceptable as supplementary reading, but not as the main textbook, UC says.

One of the courses the university rejected was a history course called Christianity's Influence on America. The primary text in that course "instructs that the Bible is the unerring source for analysis of historical events" and evaluates historical figures based on their religious motivations, one UC professor on the review committee said. Another text, "Biology for Christian Schools," declares that "if [scientific] conclusions contradict the Word of God, the conclusions are wrong," Otero said.

"No one is questioning the right of Calvary Chapel to teach what they want to teach. But what the case says is that when you do that, there may be consequences," David Masci, a senior research fellow at the Pew Forum on Religion & Public Life, said Tuesday, according to the Los Angeles Times.

Charles Robinson, the university's vice president for legal affairs, argued that the ruling "confirms that UC may apply the same admissions standards to all students and to all high schools without regard to their religious affiliations."

The case has drawn wide attention as the role of religion in public education was in dispute.

Charles Haynes, senior scholar on religious liberty issues at the First Amendment Center in Arlington, Va., had said before Friday's ruling that the case could have "serious implications" for religious schools across the country if the university wins.

Attorney Robert Tyler, who represents Calvary and a group of 4,000 Christian schools nationwide, said "this case is about the future of private religious education and the right to be able to have your kids learn from a religious perspective."

The decision has already been appealed, said Tyler, whose four children attend Calvary Christian.

The appeal will argue that the district judge applied the wrong legal principles as articulated by the U.S. Supreme Court and disregarded evidence showing the UC’s practice of rejecting courses merely because the officials disagree with the religious perspective from which a course may be taught.

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  • Thu Aug 20, 2009 3:15 pm Agree: 0   Disagree: 0

    This looks like a matter of standards, not discrimination. While some might view a course as legitimate, another may not. I've had courses from one college refused for credit by another, not because of content, but because the standards were different at the two schools.

    Instead of crying discrimination, maybe these high schools should do a little homework and find out if their courses are accepted out there at the colleges their kids want to attend. Keep the subject matter, but inject what's missing into the courses so they pass muster.

    Not everything has an anti-Christian motive behind it. Sometimes, the material just isn't cutting it and I say this as one who attended religious schools from 1st grade to the first year of college. Luckily, my high school was up to snuff, academically and my religious instruction never suffered.

  • Tue Sep 09, 2008 2:27 pm Agree: 0   Disagree: 0

    This is just the beginning for Christians. This doesn't even cover the fact that the universities and public colleges are being infiltrated with Muslim teachers. Once many university and college instructors are predominately Muslim they will teach hatred against Christianity.

    Islam has called for a new approach to transform the world into Islam by reducing the violence and becoming peaceful and infiltrating the high levels of education, corporations, businesses, and government.

    A spokesperson for CAIR has stated that, “we will turn the U.S. into a nation of Islam through peach and education.” Many of the Islamic scholars and Imams in Muslim countries are calling on all Muslims to use this approach.

    Islam will become the one world religion and unfortunately we are too late to stop it. Once that happens, everyone will be forced to convert to Islam or be executed. See MEMRI.org and watch the video clips for more information.

  • Wed Aug 20, 2008 3:57 pm Agree: 0   Disagree: 0

    I've looked throuth the postings all the ways back. The link you put up must have fallen off. Please repost it.

    Thanks!

  • Wed Aug 20, 2008 3:35 pm Agree: 0   Disagree: 0

    "Why do you try to make humanism out to be a bad thing, its based around personal liberty and freedom"

    The basis of Christianity is to die to self and live for Christ. As you can see Christianity and humanism are quite opposed to each other. Humanism finds liberty and freedom in self...Christianity finds none in self but true liberty and freedom in Christ.

  • Wed Aug 20, 2008 11:27 am Agree: 0   Disagree: 0

    Why do you try to make humanism out to be a bad thing, its based around personal liberty and freedom.

    http://en.wikipedia.org/wiki/Humanism

    "Christian schools are standing up and saying no to humanism."

    No, they are trying to enforce their own standards for entrance requirements for the UC. These kids could always go to some school like Liberty U or Pat Roberts U. They are trying to force UC, which is secular, (note the difference from private religous based schools) into caving into accepting non accredited courses, how hard is this to comprehend?

    This would be like getting a 1100 on your SAT and crying that UC Berkeley, or Standford rejected you and then going on a hissy fit trying to sue them.

    "I think that if the HS course is accredited"

    Go back and read the article I cited earlier, the judge defined WHY those classes they took are not accredited and can't be substitued for college level coursework.

  • Wed Aug 20, 2008 10:19 am Agree: 1   Disagree: 0

    Here's the key issue...UC is long known for their attempts to force humanisim as the only true belief and all others are secondary to humanism. These Christian schools are standing up and saying no to humanism. How dare they! The STATE run school says you must accept humanism as your primary religion...yes it was ruled as a religion by the US Supreme Court in the 80s.

    I think that if the HS course is accredited then they need to file a 504 complaint against UC. Let the Office of Civil Rights at the US Department of Education determine if it was a violation of their FEDERAL civil rights which could bring unfortunate sanctions against UC. This is the checks and balances available between the state level and federal level. If they want federal funds and federal accreditation they have to play ball.

  • Sun Aug 17, 2008 7:49 am Agree: 0   Disagree: 1

    Rollin
    Hi. Is the Bible a historical document? or is it fiction? this is a false choice. Of course Bibles are historical documents (I use the plural since historiclly there are many distinct books that are often interchangably reffered to as the bible for example King James is one vulgate another) each of these is a historical document. Does being historical make something true or false? No. What it seems your really asking is whether the bible as we know it today is a historically accurate account of the past times which are the subject of its contents. This question isn't really sensible either since their are many translations which are not fully consistent in there statements or contents. Also of course the Bible is not one book but rather many different books bound together. Some of the books of the bible do not even assert themselves to be historical in the nature of their content (psalms for example). On the other hand there are many aspects of Biblical "history" which are independently corroborated by other sources including archaeological evidence. So I would say the only sensible answer to that question is that some of the Bible is valid history, some is literature, some is spiritual teachings, Some is reverent poetry, etc.
    HL Mencken said that every complex problem has a simple solution and invariably it is wrong.

  • Sat Aug 16, 2008 11:24 am Agree: 0   Disagree: 1

    Just FYI, the Bible college my dad worked for also had questions about giving credit for some course work in some cases. It isn't always about religion. We'll just have to wait to get more facts.

  • Sat Aug 16, 2008 11:23 am Agree: 0   Disagree: 0

    "In other words, the high schools are not stressing actual fact based science, and instead invoking supernaturalism to explain things. And you are wondering why they are rejected still?"

    Well, here's the catch. My dad is a retired college dean and SACS representative (who does accreditation). What has happened here is a choice made by UC. Either the course is accredited for college bound credit or it's not. If UC says THEY will not accept the course they have that option. However, as long as the course contains all the information required for accreditation it can also include all the 'God did it' it wants to.

    The question still remains...is the coursework the HS is using accredited or not. If it isn't then UC has the option and may be in the right. If it is accredited by the west coasts equiv. of SACS then it's going to be quite a fight!

  • Fri Aug 15, 2008 3:41 pm Agree: 1   Disagree: 0

    Thanks believer, I appreciate your reply to my question.
    Best Wishes
    Steve

  • Fri Aug 15, 2008 9:56 am Agree: 0   Disagree: 0

    steveh20, sorry I missed your post, but yes I do agree with you that if we don't like something we need to be involved in changing it if at all possible and I am actively involved in doing just that through various ways. But I do see a definite trend in our country against the Biblical Worldview and towards those who adhere to that view and the recent court decisions in California are a good example.

  • Thu Aug 14, 2008 1:47 pm Agree: 1   Disagree: 1

    crc said: "Our founding fathers would 'roll in their graves'. This country is so anti-God, anti-Bible it's unbelievable. I think I'm living in some foreign country run by dictators or something."

    First, the phrase "foreign country" has no meaning unless a particular frame of reference (read: a 'home' country) has been identified. For the sake of rebutting, I'll assume your 'home' country is the U.S.

    Second, if your founding fathers are "roll[ing] in their graves", then perhaps you aren't in the U.S. after all... Recall, our founding fathers specifically opposed a particular religious sponsorship, they did not allow women to vote, they viewed most blacks as slaves, concubines, or both, and some (e.g. George Washington) grew large quantities of marijuana.

    *My* founding fathers, in the U.S., would be pleased by this ruling.

    --
    Stan

  • Thu Aug 14, 2008 1:16 pm Agree: 2   Disagree: 1

    jsmith175 said: "Perhaps UC should be forced to test these students on the knowledge of the courses instead of whether it was taught with a certain worldview or not."

    While this is absolutely true, it is not the question at hand. In fact, UC schools follow the "a-g system" to determine eligibility in the absence of accepted courses. Every single student whose high school courses have been rejected based on this controversy can, and probably will, pass this "a-g system" to gain acceptance.

    The question is instead whether the UC system has the right to require certain key academic benchmarks to be met, which this court ruling has correctly determined that yes, they do.

    The bottom line is this: If you want your kids to attend a UC school, teach to the standard. If you refuse to teach to that standard, send them to ORU.

    --
    Stan

  • Thu Aug 14, 2008 12:21 pm Agree: 1   Disagree: 1

    a few sections of the bible appear to be historical. i.e. that they contain a description of an event or place that can be confirmed by other sources. other sections appear to be written by authors who were describing an event that happened outside of their personal experience. usually long before. some of these reports can be verified or denied by original sources.

    many sections are a collection of tales and folk memories. these cannot be checked. they may represent personal experiences or they may be entirely fictional. think of james frey's a million little pieces as bad example of personal experience as truth.

    lastly and most importantly the bible as we know it, is a committee report organized by the state to approve the official religion and insure compliance to prevent disruption and rebellion against the state. and its translastion, publication and distribution has been carefully controlled and monitored for several centuries.

    given this history of the book and the ommi-present hand of the state in its history, i find it very suggestive that there are those that believe it to be the true word of a god and not the work of men. the bible you have in your hands is a product of government, not god.

  • Thu Aug 14, 2008 12:13 pm Agree: 0   Disagree: 0

    I tend to approach it as faction.

  • Thu Aug 14, 2008 11:24 am Agree: 0   Disagree: 0

    Hey Chicago-

    How do you know that the Bible is "NOT" an historical document? Are you saying that Bible is fictional?

  • Thu Aug 14, 2008 1:17 am Agree: 1   Disagree: 0

    Hello believer

    Why is it that when court cases go against your beliefs you start to go down the anti christian/persercution path? I just wondered because there are laws I feel are wrong in the UK but I don't feel persercuted etc..because a descision has not gone my way, I accept it as part of living in a democracy. If I don't like it there are things I can do do maybe try (with others) to change it.

    I just wondered, that was all...

    Steve

  • Wed Aug 13, 2008 6:02 pm Agree: 2   Disagree: 2

    A judge in California rejects a suit from a Christian organization, the Supreme Court in California allows for same-sex marriages, do I sense a little bit of a trend or perhaps better a bent here against those of us who hold a Biblical Worldview.

  • Wed Aug 13, 2008 4:21 pm Agree: 1   Disagree: 0

    reasons why other courses outside science were rejected.

    http://www.latimes.com/news/local/la-me-uc13-2008aug13,0,3960655.story

  • Wed Aug 13, 2008 2:51 pm Agree: 0   Disagree: 1

    Daniel,

    *According to their website many of their students are accepted and attend other colleges and universities. In order to do so they must be accredited*

    Not exactly, it seems the objection from the high schools is that the classes they are using/offering are not college accredited, and therefore cannot be used in place of actual college/university level courses, especially if they do not meet the standards of said colleges. This is true of nearly all colleges as they have entrance exams.

    All university courses are by law accredited, and nearly all are interchangeable with all other colleges, but this does not mean a class a person is taking in high school, private or not, is necessarily accredited at all for all colleges. Some colleges have higher level of standards, while others do not.

    They could, after realizing their high school classes are not adequate, attend a CC or remedial classes in college, and then they could transfer into other colleges or universities just the same and still report that they as attendees of these high schools went onto said universities or colleges. But of course they would have to omit that they never went to remedial courses elsewhere.

    If I had to guess why their courses were rejected, it has more to do with this quote:

    *UC has approved many courses containing religious material and viewpoints but it denies credit to courses that rely LARGELY or ENTIRELY on material stressing SUPERNATURAL over historic or scientific explanations*

    In other words, the high schools are not stressing actual fact based science, and instead invoking supernaturalism to explain things. And you are wondering why they are rejected still?

  • Wed Aug 13, 2008 2:18 pm Agree: 0   Disagree: 0

    Here's a main issue. According to their website many of their students are accepted and attend other colleges and universities. In order to do so they must be accredited. If this is the case then the course work should be accepted under federal law. Either it's accredited or it's not.

    Once this get's out of the CA federal and heads to DC it will be interesting.

  • Wed Aug 13, 2008 2:10 pm Agree: 0   Disagree: 5

    The Bible is NOT a historical document nor was it intended to be. Using allegory to convey a message was the NORMAL way Hebrew authors wrote back then.

    Creationism, or the study of "first causes" is a valid course of study - - as PHILOSOPHY.

    This ruling should be heeded by any science major in a religious school who insists on clinging to literal interpretations of the Biblle and call it science.
    If you want to, fine. Just don't expect to be employed as a biologist.

  • Wed Aug 13, 2008 1:27 pm Agree: 1   Disagree: 0

    Schemeroo,

    We do not know the specifics on the courses here, so it is hard to judge as far as History and English go, but if I had to guess and just based on how poor their science classes would be, it seems plausible in their history class to have the history of humanity starting with adam and eve starting out 6000 years ago. If we had access to their texts in all fairness it would allow us to determine how well or poorly the decision was instead of speculating all over. But we can tell from their quotes that certain sciences, like evolution, and essentially anything not conforming with the bible (one would guess literally in this sense), then they reject outright. Talk about not having an objective, open-minded view.

    Let’s face it, colleges have entrance requirements and they do so to weed out the worst in the population. Most use standardized testing and SAT scores for preferred candidates, but this does not mean they are discriminating against less intelligent people, it is just their standards or acceptance, which are high. The less intelligent students can go elsewhere, say a CC, they do not have to go to MIT and the same applies here.

  • Wed Aug 13, 2008 1:18 pm Agree: 2   Disagree: 0

    Perhaps UC should be forced to test these students on the knowledge of the courses instead of whether it was taught with a certain worldview or not. Then they would have standing on rejecting the courses. If these Christian High schools are teaching the kids to learn all viewpoints but to filter them through a Biblical worldview, then I don't know how the courses could be rejected except from a rligious bias. I hope that is the case and these kids are being taught how to think, unlike most of the public high schools who spend too much of their time on things other than reading, writing and arithmetic.

  • Wed Aug 13, 2008 1:07 pm Agree: 1   Disagree: 1

    agentorange - how exactly does anything you wrote relate to accepting coursework in english and history? You must have also attended public schools.

  • Wed Aug 13, 2008 1:03 pm Agree: 1   Disagree: 1

    * The Christian school argued that UC unconstitutionally treated Calvary students unequally compared to other students and denied to honor courses that had a "Christian viewpoint" or "any instance of God's guidance of history, or any alternative ... to evolution.*

    Well gee, no wonder their high school courses were not accepted, as they likely do not meet the standards set forth by the University. This is the end result of pretending the universe/earth are 6000 years old or that man lived with dinosaurs and such.

    * "It appears the UC is attempting to secularize private religious schools," attorney Jennifer Monk of Advocates for Faith and Freedom said Tuesday, in a released statement.*

    Ha, what a dolt! Jennifer, you can still have kids wrongly play make believe that people rode dinosaurs like the Flintstones all you want in private grade schools, but in the college ranks such courses are not accredited for the simple reason in that they are not based on empirical facts or any form of current science. This is why they are rejected. It would be like kids who belive in astrology asking for their views to be used in place of astronomy, when clearly they are wrong, and crying as they are rejected.

    *Another text, "Biology for Christian Schools," declares that "if [scientific] conclusions contradict the Word of God, the conclusions are wrong," Otero said.*

    Talk about rejecting any conflicting evidence. Ha, and they wonder why their course credits were rejected!

  • Wed Aug 13, 2008 12:38 pm Agree: 2   Disagree: 0

    Although I deplore UC's decision and this errant judge's prejudice, there is an easy solution. Let the Christian students choose colleges less antagonistic toward the Christian viewpoint. There are still some of those around. Who would want to attend UC unless they go there as a missionary to the students and professors?

  • crc »
    Wed Aug 13, 2008 12:31 pm Agree: 1   Disagree: 2

    Our founding fathers would "roll in their graves". This country is so anti-God, anti-Bible it's unbelievable. I think I'm living in some foreign country run by dictators or something.

  • Wed Aug 13, 2008 11:49 am Agree: 0   Disagree: 0

    "UC has approved many courses containing religious material and viewpoints but it denies credit to courses that rely largely or entirely on material stressing supernatural over historic or scientific explanations,"

    OK.. use this arguement if you want for credit for courses in science, but I'm confused how this can work for English, religion and especially history... More explanation is needed, because as this story reds, it smacks of religious intolerance and of direct violation of constitutional reights - as if the universaity has elected to choose a particular religion (naturalistic atheism) and therefore anything counter to that is rejected.

    "which include English, history, government and religion."

  • Wed Aug 13, 2008 11:30 am Agree: 2   Disagree: 2

    I find it interesting how the Bible isn't considered a historical document by scientists until they find something in an archeological dig that proves the Bible right. I'm sorry that y'all can't keep up with the Word of God but hopefully one day you'll all see that your speculation and theoretical analysis of things is wrong.

    Regarding the rejecting of these courses...is that for college credit or for being allowed to get into the college itself? I think that needs to be clarified before I make anymore judgement calls on the UC's decision.

  • Wed Aug 13, 2008 11:21 am Agree: 2   Disagree: 2

    The persecution of Christians is ramping up. Drip, drip, drip...it starts with these petty little harassments, then it slowly expands to hate speech laws, etc. Eventually it will be restrictions on building churches, repairing churches - using noise ordinances, zoning ordinances, and ultimately government harassment through the removal of tax-free status, punitive taxation on congregations, etc. Just like in majority Muslim nations.

    Christians are witnessing the slow, deliberate assault on their faith - and it begins with these seemingly small, localized, petty discriminations. But one only need take a look north of our border to see what's coming next, especially under a radical Obama administration. Hate crime laws will be next, and used to punish any Christian who speaks out against homosexuality and "human rights tribunals".

  • Wed Aug 13, 2008 10:49 am Agree: 1   Disagree: 2

    The federal judge, however, ruled that UC rejected the courses not because they contained religious viewpoints, but because they were too narrow to fulfill UC's entrance requirements.

    OF COURSE THEY DIDN'T REJECT THE COURSES FOR THE RELIGIOUS VIEWPOINT. (They have to say that because it would be illegal and an infringement of their rights otherwise).

    The wordsmiths are at it again.

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