| Topic: |
Science > Abortion |
| User: |
"J Young" |
| Date: |
09 Dec 2007 11:25:43 PM |
| Object: |
State high court rejects gay student's suit |
State high court rejects gay student's suit
By JANE MUSGRAVE
Palm Beach Post Staff Writer
Friday, December 07, 2007
WEST PALM BEACH - Four years after Jeffrey Woodard was kicked out of Jupiter
Christian School for being gay, the Florida Supreme Court slammed the door
shut on his legal battle with the religious institution.
In a one-paragraph ruling that baffled and disappointed Woodard's attorneys,
five of the seven justices said they were not going to rule on an issue that
a lower court had deemed to be a matter of great public importance.
The justices, with two dissenting, noted that their consideration of the
case was discretionary.
And, they wrote, they had simply decided not to rule on whether a school
chaplain had the right to violate a promise he made to Woodard that he would
not tell others about the youth's sexual orientation. Once administrators
were told, Woodard, then 17, was expelled.
Chaplain Todd Bellhorn's actions were the crux of Woodard's lawsuit.
It also raised a question the high court has never addressed. While justices
have said psychotherapists, attorneys and health-care workers can be held
liable for breaching a patient's confidentiality, they haven't extended it
to clergy.
Attorney William Booth, who represented Woodard and his mother, Carol Gload,
said the high court's refusal to answer the question, sent a somewhat scary
message to those who confide in pastors, rabbis or other clerics.
"It says don't trust your pastors," he said.
Siobhan Shea, who filed a brief in the case on behalf of the children's
legal advocacy group Children First, worried that the high court's dodge
could make people, particularly the young, reluctant to seek counseling.
"We want to encourage people to open up, and often the first source of
counseling is their pastor or rabbi," she said. "It could have a chilling
effect on that relationship if they can't expect it to be kept
confidential."
John Bryan, an attorney who represented the school, said the Supreme Court
could not have ruled that clergy must keep confidences or order them to
divulge secrets. To do so, he said, would run afoul of the U.S. Constitution
that demands a separation between church and state. Had the court ruled that
Bellhorn could be held liable, it would surely have been overturned on
constitutional grounds, he said.
Booth, of the Legal Aid Society of Palm Beach County, acknowledged that
religion could have played a role in the supreme court's deliberations. But
if so, he said he wished they would have articulated it.
"I think the religion issue was difficult to handle," he said. "But then why
didn't they say that? I'm baffled."
In a four-page dissent, Justice Barbara Pariente blasted her colleagues'
decision, saying that it created confusion.
"The emotional distress Woodard allegedly suffered as a result of the school
chaplain's breach of confidentiality is at least equal to that typically
suffered by the victim of a defamation or an invasion of privacy," she
wrote, referring to other instances where people have been allowed to
collect damages purely for emotional distress.
Bryan said Pariente and Justice Harry Lee Anstead, who concurred in the
dissent, have long sought to remove legal barriers that prevent people from
collecting damages for emotional distress alone. The limits exist to keep
the courts from being flooded with lawsuits from people who suffered some
slight, such as someone cutting them off in traffic or a teen not making the
high school football team.
While the facts of the case were never considered by any court, Bryan said
he is confident Woodard would have lost.
"It was a frivolous lawsuit," he said.
Bellhorn wasn't a cleric, only a school chaplain. Also, in depositions,
Woodard admitted he had told friends he was gay and was happy about it.
Because he had already announced his sexual orientation, he couldn't then
claim it was confidential.
Neither Woodard nor his mother could be reached for comment. Booth disagreed
with Bryan's assertion.
"The confidentiality is Woodard's," he said. "It's not the school's."
Still, if Bryan convinces a judge that the lawsuit was frivolous, the school
would be entitled to collect attorneys fees. While he said he didn't know
how much the school has spent, a lawsuit that goes all the way to the
Supreme Court isn't cheap.
"I'm going to file a whopping motion for attorneys fees," he promised.
--
J Young
jyoungvisions@aol.com
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| User: "newbie SNIPER" |
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| Title: SNIPER }}} }} Pedophile Alert! ==>> ** pedo RedWolf ** is attempting to hit on young boys. |
10 Dec 2007 07:27:18 AM |
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=================================================
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| User: "Denis Loubet" |
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| Title: Re: State high court rejects gay student's suit |
09 Dec 2007 11:35:41 PM |
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"J Young" <jyoungvisions@aol.com> wrote in message
news:1ff8d6.l06.19.1@news.alt.net...
State high court rejects gay student's suit
Yup, the message is: Don't trust your pastor.
--
Denis Loubet
dloubet@io.com
http//www.io.com/~dloubet
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| User: "JohnN" |
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| Title: Re: State high court rejects gay student's suit |
10 Dec 2007 10:05:33 AM |
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On Dec 10, 12:35 am, "Denis Loubet" <dlou...@io.com> wrote:
"J Young" <jyoungvisi...@aol.com> wrote in message
news:1ff8d6.l06.19.1@news.alt.net...
State high court rejects gay student's suit
Yup, the message is: Don't trust your pastor.
And that Chaplain Todd Bellhorn is a liar. God bless his Christian
*****!
JohnN
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| User: "Mirage" |
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| Title: Re: State high court rejects gay student's suit |
10 Dec 2007 12:35:43 AM |
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Don't trust pastors.
Period.
-- k8e
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| User: "" |
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| Title: Re: State high court rejects gay student's suit |
10 Dec 2007 12:41:16 AM |
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On 10 d=E9c, 06:25, "J Young" <jyoungvisi...@aol.com> wrote:
State high court rejects gay student's suit
Get out of the closet, J Young. Now.
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| User: "ScottyFLL" |
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| Title: Re: State high court rejects gay student's suit |
09 Dec 2007 11:36:21 PM |
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http://bp1.blogger.com/_MtJuVnsW_9s/R02uIU7lqhI/AAAAAAAAAAM/CANHKv12nCI/s1600-h/BC+Full+personal+ad+screenshot.jpg
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