Lesbian parents sue O'Hara school.

Byline: Anne Williams The Register-Guard

A lesbian couple whose daughter was denied admittance at O'Hara Catholic School last summer filed a discrimination lawsuit Wednesday in Lane County Circuit Court.

Lee Inkmann, along with her partner, Trish Wilson, claims that the denial occurred because they are gay.

The couple's attorney, Martha Walters, said she believes that the private school meets the definition of a place of public accommodation. That makes it subject to city code, which prohibits discrimination on the basis of sex, marital status, familial status, domestic partnership status or sexual orientation, and state law, which prohibits discrimination on the basis of sex or marital status.

The suit names the school, Principal Dianne Bert, St. Mary Catholic Church and the Rev. Mark Bachmeier.

It seeks $50,000 for the girl's loss of an educational opportunity and up to $500,000 for noneconomic damage, including "severe emotional distress, humiliation, anxiety, depression and damage to their reputations."

Inkmann told the principal about her domestic partner after a school tour last summer, according to the suit. A couple of weeks later, Bert informed her that the school wouldn't enroll the girl, now 5, in preschool because her parents' relationship was opposed to Vatican teachings and would be too confusing for other children and their parents, the suit alleges.

Bachmeier later told Inkmann that the principal's decision wasn't about "the gay issue," but rather about whether the girl was "behaviorally suitable" for the school, the suit alleges.

A few days after that, the suit alleges that Bachmeier called Inkmann to admit he had lied in the earlier conversation, that the decision had been his, not Bert's, and that its basis was her lesbian relationship.

The lawsuit also says that a letter Bachmeier wrote to O'Hara parents in the wake of the controversy was "false and defamatory" and leaves the reasons for the rejection open to negative interpretations.

The letter said the school welcomed a "diverse community" and that "the sexual orientation of a child's parent is not a reason for us to deny admittance.'

Bachmeier couldn't be reached for comment at St. Mary's, and Bert referred questions to the archdiocese. In a prepared statement, spokesman Bud Bunce said the archdiocese plans a vigorous defense.

"O'Hara Catholic School and the Archdiocese of Portland do not discuss publicly details concerning school admission of any particular child," he said. "However, it is believed that this situation was handled appropriately. The lawsuit filed includes numerous false statements of fact, and is believed to be totally without merit."

Inkmann said she couldn't comment on specifics of the case.

"We have approached the school in good faith to work out the areas in which we felt our family was excluded, and we failed in mediation to reach a compromise or an agreeable settlement," she said. "We'll see if justice can be done in the courts."

While the suit does not specifically name the archdiocese, Walters said she plans to file a second lawsuit that will do so in federal bankruptcy court later this year.

The archdiocese has sought bankruptcy protection in response to mounting legal claims of clergy sex abuse. The archdiocese includes 124 parishes across Western Oregon, including St. Mary's, which oversees O'Hara.