Using a rule prohibiting discrimination based on “sexual orientation,” a group of New Yorkers filed suit yesterday challenging NYC’s use of public funds to establish the first homosexuals-only high school in the Big Apple.

As WorldNetDaily reported, the new Harvey Milk High School is undergoing a $3.2 million publicly funded renovation and will open this fall with 100 “gay” students.

Democratic New York State Sen. Ruben Diaz Sr. and a mother representing her four children, all of whom attend New York City schools, are the plaintiffs in the case, represented by attorneys from the Liberty Counsel.

According to a statement from the nonprofit legal-defense group, the woman’s children attend failing, under-funded schools in the city. The suit challenges the use of public funds from a capital expansion fund to spruce up the new “gay” facility when other schools in the district are in need of repair.

“New York City officials robbed from the poor, under-funded minority schools to pay for a homosexual school. Rather than providing a ‘model’ to the nation, New York City officials have provided a blueprint of what not to do. This wasteful use of tax dollars must be stopped,” said Liberty Counsel attorney Mathew D. Staver, in the statement.

The suit also points out New York City schools are subject to New York Chancellor Regulation A-830, which prohibits discrimination based on “sexual orientation.” Since heterosexual students are not allowed at Harvey Milk High School, the plaintiffs charge, the city is violating its own non-discrimination rule.

“As one who attended law school in Brooklyn, the city’s actions are an affront to all New Yorkers, and indeed to all Americans,” commented Rena Lindevaldsen, another Liberty Counsel attorney working on the case.

According to the nonprofit group, the suit also argues the establishment of a homosexual-only school violates the equal-protection rights of school children attending poor, under-funded public schools.

Related story:

‘Gay’ high school opening in NYC

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