What do you mean WRONG? Are you saying that what I stated is not what I think?
Because I can assure you I do indeed think the whole thing is ridiculous and none of their damned business.
I am stating that your claim of it not being the school's business is WRONG, because she signed paperwork agreeing to abide by the school's moral conduct code (they tend to have those at Christian schools), BOTH ON and OFF duty, so to speak.
I hope she wins based on the law which prohibits discrimination based on sex and/or marital status among other things. If you can't discrimate on the basis of marital status, or sex... hopefully they will not be allowed to discriminate on the basis of her having sex without marital status.
If violation of that moral conduct code is grounds for termination, it doesn't matter whether she was screwing some guy she met a local restaurant or her fiancee'. Bottom line: She was fornicating. If you signed the dotted line agreeing not to do that, as an employee of the school (whether or school time or not) and you break that rule, the school can axe you.
Even if she were married, if she's found to be getting boned by someone other than her hubby, SHE'S GONE!!
She might have agreed to certain stipulations, and she might have signed a contract, however, people are not always legally bound by or subject to everything they agree to, ...especially when these agreements are determined to be in conflict with their rights. It is not unusual for courts to decide that despite a contract, sections of contracts have been found to be illegal and therefore non applicable, or null & void. Hence the need for lawyers to always include a caveat stating that "if any section or part of this agreement is found to be invalid, such invalidity shall apply specifically to that or those sections alone and will not invalidate the entire contract yada yada yadda
And, what makes this contract null and void, other than your angst with people not being able to screw around without consequence? To me, this is similar to that Cal Lutheran case, in which that particular school won at the appeals and state court level, regarding its right to kick out two lesbians for violating its schools sexual and moral conduct code.
ie: In the province of Ontario, I can sign a lease wherein it states I will supply the landlord with post dated cheques, and I agree to this. If at any time I change my mind and decide NOT to supply post dated cheques, there is nothing the landlord can do. Infact, if s/he knows whats good for them, ...there is absolutely nothing they will do, because in this province it is not only illegal for a landlord to demand this, ...they can infact be fined for doing so. That being the case, it simply makes that provision in the lease agreement null & void, but it does not invalidate the entire lease agreement. I cannot get out of paying the lease on that basis, or any other lawful responsibility or obligation I bear under it, and a landlord cannot break the lease or fail to renew it, or live up to any of their other obligations in the lease on the basis that I renegged on supplying post dated cheques. It is not considered a material breach of the agreement because the stipulation was unlawful and invalid to begin with.
Ummm......this ain't Ontario. This went down in the Sunshine State, my home!!!
As far as moral codes go... they are rather subjective and often come down to community standards.
Two consenting heterosexual adults (of the opposite sex) in a committed monogamous relationship with each other, having sex out of and immediately prior to wedlock does not fall outside of general community standards in the USA in 2010. In a land that prides itself on the separation of church & state, any judicial body adjudicating this case would have to rely on secular community standards and not religious ones. She does have legal footing and I hope she wins.
The community standards, at least with this school, were quite clear. And this young lady agreed to abide by them, in exchange for gainful employment.
Plus, the USA doesn't "pride itself on the separation of church and state". That is the flap, mostly, of people on the left. With that said, THIS IS A PRIVATE CHRISITAN SCHOOL, which means you play by its rules, if you wish to be a student or teacher there.
If you work at a Christian school and agree not to engage in sexual activity out of wedlock (or be subject to termination) and the principal find out, you've been blowing one of the guys in your neighborhood....YOU ARE GONE!!!!
Beach Bum is right.
If you don't want to adhere to a moral code, don't work for a religious organization. Why do folks like you, not expect people WHO WORK AT CHRISTIAN INSTITUTIONS to abide by Christian rules? Your complaints are quite absurd.