Legal Question in Civil Rights Law in California

California State Constitution

I attend a ''private'' christian

university called Point Loma

Nazarene University in San Diego

California. At this school students

must sign a contract called the

''covenant'' every year which outlines

behavioral expectations for the

students based on christian ethics.

For instance we are required to

attend a church themed chapel

service every monday wednesday

and friday. If we break with this

requirement or any others in the

covenant we are fined or punished.

MY question is whether or not the

school is allowed to force us to follow

these rules that have inherently

christian presuppositions when the

school accepts state FASFA,

CALGRANT, ROTC, and Military GI

funding? I remember a famous boy

scouts case where they boy scouts

lost funding and the use of

government property because they

were discriminating religiously and

against people of different sexual

orientation and making the

government complicit in this by

accpeting their funds. I do not,

however remember when this case

took place nor what state it took

place in.

thank you very much for your time


Asked on 2/22/09, 5:05 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: California State Constitution

The Boyscout case was in San Diego and it was regarding its lease of public property. The government funding goes to the students rather than the school directly doesn't it? In any event it would require litigation to make any changes that would likely take longer than your time there to resolve.

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Answered on 2/23/09, 11:46 am
Terry A. Nelson Nelson & Lawless

Re: California State Constitution

Let's see: you signed a contractual agreement [promise] as a condition of getting into the school, and now you want to know if you can breach your agreement [promise] and take legal action against the school for making you honor your word? If you didn't like the rules, and the Christian concepts and rules of the school, why did you want to go to the school? The answer to your question is that when you signed the agreement you 'agreed' to be bound by the terms and accept the consequences for your conduct if you violated the terms, as long as the penalties they impose are consistent with the agreement. This is a private institution, governed by the agreement between you and the school. Whether they get government funding is not the issue or a basis for overriding the terms of your agreement. If you don't want to honor your agreement, you have the right to leave.

BTW: the 'boy scout' case you mention resulted in court decisions upholding their right to enforce their rules against unacceptable behavior or violation of their rules. That does not give support to your position.

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Answered on 2/23/09, 2:38 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: California State Constitution

Thank you for this interesting question. In my opinion, there should be no federal funding going to a religious school. Obviously, the rules were disregarded or greatly relaxed by the last administration and congress. Feel free to discuss this with your member of congress. However, since you signed an agreement, you're bound by the agreement until you hear otherwise.

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Answered on 2/22/09, 5:20 pm


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