Judge Sides with Christian Students

By Peter J. Smith
7/17/2009
LifeSiteNews (www.lifesitenews.com)

District's policy had created the environment that emboldened his speech professor to call Lopez a "fascist ba***rd" for his Christian beliefs.

Lopez decided to give an informational speech to students on his own Christian beliefs, including Christian views on marriage. Lopez had read aloud the definition of marriage from the dictionary and had also quoted two verses from the Bible, when Matteson interjected in the middle of the speech and called Lopez a 'fascist ba***rd' before his classmates.

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LOS ANGELES (LifeSiteNews.com) - A US District Judge has blocked the Los Angeles Community College District from enforcing its sexual harassment policy, which the judge ruled had promoted a hostile environment for the free speech rights of a Christian student.

U.S. District Judge George H. King agreed with Jonathan Lopez, a student attending Los Angeles City College (LACC), that the District's policy as written had created the environment that emboldened his speech professor to call Lopez a "fascist ba***rd" for explaining his Christian beliefs and how they related to his views against same-sex "marriage."

King stated in a ruling handed down last week that key sections of the policy were "unconstitutionally overbroad" and then issued the preliminary injunction on the policy, saying that the way the policy was constructed meant it "cannot be rendered constitutional by excising words or severing sections."

Represented by lawyers with the Alliance Defense Fund, Lopez had filed a lawsuit against the District and LACC back in February after he had been censored and threatened with expulsion by Professor John Matteson, who had assigned the members of his public-speaking class in mid-November to give an informational speech on any topic.

Lopez decided to give an informational speech to students on his own Christian beliefs, including Christian views on marriage. Lopez had read aloud the definition of marriage from the dictionary and had also quoted two verses from the Bible, when Matteson interjected in the middle of the speech and called Lopez a "fascist ba***rd" before his classmates.

Matteson refused to let Lopez finish, and instead invited other students to leave if they felt offended. But with no student taking up Matteson's invitation to depart, Matteson ordered the class dismissed. Instead of giving the assignment a grade, Matteson mocked Lopez on his written evaluation, taunting, "Ask God what your grade is."

A week after the incident, Matteson threatened to see to Lopez's expulsion after he saw Lopez speaking with the college's dean of academic affairs.

Faced with legal action, the District disciplined Matteson, and gave Lopez an A in the course; however the ADF argued that the District's sexual harassment policy had created an environment in which Matteson felt comfortable to intimidate Lopez from stating his beliefs.

Judge King agreed that the policy violated First Amendment protections of free speech by silencing viewpoints that others would find offensive, because it failed to contain "both a subjective and objective requirement." King pointed to the District's website indicated any conduct involving sexuality could fall under the heading of sexual harassment including "sexist statements." In this context, the site stated, "If [you are] unsure if certain comments or behavior are offensive do not do it, do not say it. ... Ask if something you do or say is being perceived as offensive or unwelcome."

"Thus, the Policy reaches constitutionally protected speech that is merely offensive to some listeners, such as discussions of religion, homosexual relations and marriage, sexual morality and freedom, polygamy, or even gender politics and policies," wrote King. "While it may be desirable to promote harmony and civility, these values cannot be enforced at the expense of protected speech under the First Amendment."

King paid particular attention to one passage from the policy that included under the sexual harassment code "conduct [of a sexual nature that] has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile or offensive work or educational environment."

"The Policy reaches speech unrelated to a class, such as discussions in any public and common areas at LACC. Even speech related to a class can be restricted by the Policy if the speech is not an intrinsic part of the course content," King wrote in his order.

King's order forbids the LA Community College District and the LA City College from carrying out or even promulgating the sexual harassment policy and to remove all references to the policy from its websites within fourteen days of the injunction.

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1 - 10 of 12 Comments

Jean
3 years ago
Ive heard this commentary over the years.

I agree with you and heard others comment regarding this to.

About perception I dont care about what people think of me.

I consider it a cross but I also believe if one is acting righteously one can speak up for their views as long as it doesnt hurt anyone and its peacefully done.

I contact my representative and it seems to work to a certain degree.

You can of course contact your representative and write him or her respectfully on your viewpoint.

I of course will check Title VII out. Ive heard of it better never had the chance to check it out will do.

I would say we Catholics and Christians are still in a struggle.

I believe in an entity called Satan I think he has a lot to do with the chaos today. Or most of it anyway.

Its up to us to do the right thing I think which can be difficult.

Peacefully I hope but firmly.

God Bless and wish you well.
Thanks for getting back.
J
3 years ago
Jean, I was first commenting on this article in a way about equal rights. Title VII is suppose to be a protection for all people no matter what age,relgion,ethnicity,gender,ect...however when it comes to talking about God were limited to talk about freedom and goodness of God in certain places. This is not the case with the others under title VII. I guarantee you that you can talk bad about God, Catholicism, Christians and some other religions, but you would never talk bad about African Americans or homosexuals and not be sued or dealt with severly.You can google title VII and find more info. As for perception, people are gonna make a perception of you or a group you socialize with no matter what. I might make a perception about you based on the way you speak or carry yourself in front of other people.It's just the way we are.
Jean
3 years ago
J with all due respect
I dont follow you. Your being vague. Sorry ahead of time.

I have heard of Title VII please give us a better picture as to what you are getting at.
I forget what it is though

Do me a favor and look up the story Charles Carrol.

I believe he was the only Catholic during the revolution and he was discriminated against as were many Catholics for a long time in this country.

Im not sure I follow you though so let me know what you mean by "healthy perception of what truly is going on in front of people who can't see."

God Bless.
J
3 years ago
AJ, I have equally great priviledges? Not under Title VII or any other protective class that deals with Catholicism or my ethnicity, especially in my city today.We need to get out of denial and stop pretending. This is not sterotyping, but a healthy perception of what truly is going on in front of people who can't see. St Lucy you are the patron saint for the blind, please help all catholics and christian to see a fullness of truth in our days. In Jesus name Amen.
AJ
3 years ago
@J: Admittedly, there are some issues around free speech today, but let's not deride or deny racism (intolerance) exists and the good that civil rights has done, lest one day people become disparaging of an essential part of your life (i.e. religion). You have equally great privileges in your life, that are protected as they were in this article. Too often our dialogue resembles those on TV and not those of real, frail human beings.
Lord bless us and bring us understanding and the spirit of charity to demonstrate love to others, even those different from us here on Earth.
J
3 years ago
It's called freedom of speech for me, but not for you. Most African American and homosexuals have this great privilege, while the rest must just deal with it. O by the way i think some people might get offended by me writing this truth and ask me to not recognize this reality.
William
3 years ago
These "Harassment" policies make everyone afraid to say anything,because it may offend someone.
It is impossible to have an opinion opposite of the currently acceptable one.
rafaelmarie
3 years ago
He should sue that professor with harrassement.
Eddie Fong
3 years ago
Bill,
I disagree, he should be fired!
Bill Purcell
3 years ago
Who's the "facist ba***rd"? these Califonia professor's with their progressive/darwin attitudes need to be reined in,justice served,he should be demoted.

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