Lawsuit Information

A Letter from Advocates for Faith and Freedom - Sept. 1, 2009

UPDATE AUGUST 13th 2008: Late Friday afternoon (8/8/08), a Federal District Court entered a final ruling rejecting the lawsuit brought by Calvary Chapel Christian School (Murrieta, CA) and the Association of Christian Schools International (ACSI) against the University of California (UC) school system. That same day, Advocates filed an appeal to the Ninth Circuit Federal Court of Appeals.

This unprecedented lawsuit centers on whether the UC school system can discriminate against private religious schools by denying recognition of college preparatory courses taught by religious high schools, merely because the courses are taught from a religious perspective. In most cases, students applying for admission to a UC school must show that they have taken a minimum number of pre-approved college prep courses at their high school. In order for courses to be approved, each high school must submit their curriculum in advance to the UC for approval.

The lawsuit contends that the UC school system has recently 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. The lawsuit argues that the UC has a practice of requiring private religious schools to teach from a secular perspective if they want recognition of their college preparatory courses. Calvary Chapel and ACSI argue that the UC is attempting to force Christian schools to water down their teaching.

The UC is a public agency and is required to remain neutral when it comes to religion, politics, or other philosophical viewpoints. Instead of remaining neutral, the UC is discriminating against our clients’ viewpoints because they are religiously based.

This case is about the future of private religious education. Although private religious schools, like Calvary Chapel, may currently have sufficient college-prep courses previously approved by the UC, they are at risk of having future courses denied approval if they express any religious viewpoints.

The appeal to the Ninth Circuit will argue that the District Judge applied the wrong legal principles as articulated by the U.S. Supreme Court and disregarded mountains of 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.

Calvary Chapel and ACSI specifically presented 38 courses that were denied credit because of their Christian viewpoints expressed. For example, the UC rejected one Calvary Chapel course titled “Christianity and Morality in American Literature” and stated, “Unfortunately, this course, while it has an interesting reading list, does not offer a non-biased approach to the subject matter.” Calvary Chapel questions why a private Christian school must teach morality from a non-biased perspective.

We will keep you informed as this case proceeds into the Ninth Circuit.

Update: Feb. 14, 2008

As you know, we had a hearing today that could decide the entire case at the trial court level.  It is pretty obvious from all concerned that the case will be appealed to the 9th Circuit Federal Court of Appeals and ultimately the U.S. Supreme Court.  Neither our side, nor the UC, will let the case end until all appeals are exhausted.  Please pray for the district/trial judge as he writes his ruling because his ruling will be very influential as it is appealed in the future. 

Today’s hearing went well.  The judge was very receptive and prepared.  The court considered numerous constitutional arguments from both sides.  He kept his thoughts close to the vest.  However, I know he clearly understands our legal arguments and seemed to be persuaded by them earlier in the litigation.  We should have a ruling within the next 90 days.  If the entire case is not decided by this ruling, a trial will be scheduled.

Thanks for the prayers today and into the future.   

Robert H. Tyler

Advocates for Faith and Freedom
www.faith-freedom.com

Update September 20, 2007- The hearing scheduled for 10:00 am Monday at the federal court house in Los Angeles has been postponed.  The judge S. James Otero has determined he will need more time to review the motions for summary judgment.  The trial scheduled for November is also now postponed to a later undetermined date.  It will be scheduled after the hearing on the motions of summary judgment. Please keep Judge Otero in pray for God to give him wisdom. Below are the motions presented.

PLAINTIFFS' STATEMENT OF GENUINE ISSUES IN OPPOSITION TO UC'S STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

PLAINTIFFS' DECLARATION OF JONATHAN McCANTS

Suit against University of California: Unusual Clash Between Creed and CurriculumPublisher: The Associated Press, By: Michelle Locke, First published: January 04, 2007
Online at The Roundtable on Religion & Social Welfare Policy-Impartial News and Analysis of Faith-Based Social Services from the Rockefeller Institute of Government, State University of New York

Victory for Calvary Murrieta Christian School and ACSI Against U.C. School System:
Today, the Federal District Court in Los Angeles issued a favorable ruling for Calvary Murrieta Christian School ( Murrieta , CA ) and the Association of Christian Schools International ("ACSI"). The UC School System and the State of California asked the Court to dismiss all the causes of action in the case. Although the Court granted limited relief to the UC School System, the vast majority of the case will proceed forward. August 9, 2006

Christian Themes Split UC, High Schools
By Marla Jo Fisher- The Orange County Register,Sunday, August 20, 2006

Strange Standards
By Lynn Vincent - WORLD Magazine, November 26, 2005- Vol. 20, No. 46

University Is Accused of Bias Against Christian Schools
By Carolyn Marshall- The New York Times, November 20, 2005

These Courses Are Condemned
By Naomi Schaefer Riley- The Wall Street Journal, October 28, 2005; Page W15

Legal Legislative Update
from ACSI - Fall 2005