Dayton Christian Schools v. Ohio Civ. Rights Com'n
Decision Date | 06 January 1984 |
Docket Number | No. C-3-80-410.,C-3-80-410. |
Parties | DAYTON CHRISTIAN SCHOOLS, et al., Plaintiffs, v. OHIO CIVIL RIGHTS COMMISSION, et al., Defendants. |
Court | U.S. District Court — Southern District of Ohio |
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William B. Ball, Harrisburg, Pa., Bruce E. Pence, Dayton, Ohio, for plaintiffs.
Keith S. Mesirow, Asst. Atty. Gen., Columbus, Ohio, for defendants.
DECISION AND ENTRY DENYING PLAINTIFFS' REQUEST FOR A PERMANENT INJUNCTION; JUDGMENT TO BE ENTERED FOR DEFENDANTS; TERMINATION ENTRY
The merits of the captioned cause are presently before the Court for a determination of whether a permanent injunction should be issued against the Ohio Civil Rights Commission ("OCRC" or "Commission") to enjoin it from investigating and conducting a hearing on a charge of sex discrimination and retaliatory employer practices against the Dayton Christian Schools (DCS) leveled by a former teacher, Mrs. Linda Hoskinson.
Counsel for the parties agreed to consolidate the hearing on Plaintiffs' request for a preliminary injunction with the hearing on the merits of the captioned cause, pursuant to Fed.R.Civ.P. 65(a)(2).
Plaintiffs consist of DCS as an entity; Patterson Park Church; Christian Tabernacle; Claude E. Schindler, superintendent of DCS; Stephen T. House, M.D. (School Board Member at DCS), and his wife, Camilla House, parents; and Paul Pyle, a teacher at DCS. Defendants are the Ohio Civil Rights Commission, its Commissioners, two Directors of the OCRC, and the Attorney General and Assistant Attorney General of Ohio. All Plaintiffs allege that their first amendment rights to freedom of religion will be violated if the OCRC is permitted to exercise jurisdiction over the school. The complexity of the problem presented to the Court stems from the pervasively religious orientation of DCS and the need to determine if the state's attempt to regulate an aspect of the operation of that school impermissibly runs afoul of the proscriptions set forth in either the free exercise or establishment clauses of the First Amendment to the United States Constitution.
The issue before this Court is whether the OCRC may exercise jurisdiction over DCS to investigate and to conduct a hearing on a charge that the school discriminated on the basis of sex and/or engaged in prohibited retaliatory employer practices when it terminated a female teacher's employment contract. Having conducted a hearing on this matter and having carefully reviewed the evidence and the arguments presented by the parties, the Court, as set forth in the opinion below, finds that a permanent injunction should not issue and therefore denies Plaintiffs' request for same.
Dayton Christian Schools, Inc., is a private nonprofit corporation that provides education both to elementary and high school students (Exhibit 1, Page 71 1B07). The exhibits and testimony introduced at the hearing on this matter all support the finding that, from its inception, DCS has had a dominant religious purpose which permeates both the administrative and substantive aspects of the school. When first incorporated, the school outlined its purpose and objectives as follows:
The preamble to the Constitution of Dayton Christian Schools, Inc. further delineates the school's religious purposes:
The corporation will provide an educational curriculum of the highest possible standards in order to prepare students for purposeful Godliness ... each student will be taught Christian Doctrine based on the Bible as the textbook authority for such instruction and learning.1
As an administrative means of insuring continued efforts toward the pronounced goals, both the original and current constitution of the Dayton Christian Schools, Inc. delineate a Statement of Faith of religious precepts to which each member of the Board of Directors and educational staff is required to subscribe yearly. (Exhibit 23: Statement of Faith executed by Linda Hoskinson on April 17, 1978).2
Woven throughout most of the Plaintiff's exhibits introduced at the hearing is the advocation of the religious philosophies and purposes of Dayton Christian Schools, Inc., as evidenced by the following compilation of exhibits.
The testimony of Claude Schindler, Superintendent of Dayton Christian Schools, Inc., identified the religious background from which the school emerged (T. 23) and substantiated that its purpose and mission are based upon religious precepts found in the Bible and carried out in such a manner so as to achieve a religious goal.
As no contrary evidence was presented by the Defendant as to the religious purpose and mission of the school, the Court concludes that the religious purpose and mission of Dayton Christian Schools, Inc., is for propagation of the Christian beliefs and faith and that this religious orientation is an integral part of the school's philosophy and operation. The aforesaid religious purposes are shown by the evidence to permeate the school's goals, curriculum and administration.
The basic religious philosophy of DCS is founded upon beliefs that are reflected in the members' Statement of Faith. (See, note 2, supra). Almost every aspect of the school's philosophy and approach to education emanate from principles found within the Bible. Of specific relevance to the present proceeding is the belief founded on Matthew 18:15-7 and Galations 6:1 that all those employed or enrolled at DCS always give a good report and adhere to a Biblical Chain of Command.
The Chain of Command refers to a scriptural belief (T. 72) in an authority structure. As explained by Claude Schindler in testimony given at trial:
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