Because the school receives federal funds for its lunch program, transportation and through the No Child Left Behind program, it must comply with civil rights laws, Breitkreutz wrote. That means it can’t deny entry to protected classes, such as homosexual and transgender students.

“If we cannot legally refuse students who are struggling with homosexuality or gender identification, we must maintain our right to hold to the truths of God’s Word,” Breitkreutz wrote. “In other words, although we do not have the right to refuse admittance to people choosing an outwardly sinful lifestyle, we do maintain the right to discipline and dismiss students for these choices.”

Policy questioned

A nonprofit group that works to strengthen the separation between religion and government says because the school receives federal funding, its policies are not legal.

“It is problematic for a school that receives federal funds to discriminate against students because of their sexual orientation or gender identity,” said Patrick Elliott, an attorney for the Madison-based Freedom From Religion Foundation. “Schools that are supported with taxpayer money must comply with minimum civil rights standards. St. John’s Lutheran School has indicated that it will dismiss students on an illegal basis under federal law.”