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Court Enjoins Community College's Sexual Harassment Policy As Overbroad

By Howard M. Friedman

In Lopez v. Candaele, (CD CA, July 10, 2009), a California federal district court issued a preliminary injunction enjoining enforcement of Los Angeles Community College District?s Sexual Harassment Policy. The court found that the policy is overbroad, prohibiting a substantial amount of protected speech. The case grew out of a class presentation by plaintiff, in which he spoke about his religion-based opposition to same-sex marriage. His professor called him a "fascist bastard," cut his speech short, and did not enter a grade on his evaluation sheet. (See prior posting.) However ultimately plaintiff was awarded a grade of A in the course. Alliance Defense Fund issued a release applauding the ruling, saying: "Christian students shouldn't be penalized for expressing their beliefs at a public college."

Full post as published by Religion Clause on July 15, 2009 (boomark / email).