El País ran a story yesterday about a gay couple, Iván Vallejo and Ricardo Lucas, who, in 2012, tried to enroll their son at a Yago School in Seville, but were refused. Hearing that other parents had managed to enroll their children, they called again and omitted to mention their sexual orientation. They were immediately told there were “still spaces left for 2012-2013 year.”
Yago is a private school and as such has the right to refuse admissions, but in this case. three judges at the provincial court have decided that as the Constitution prohibits discrimination, the school has breached the rights of the child and parents as they believe there is enough evidence to suggest that “the refusal to enroll the child was made due to his parents’ sexual orientation.”
The case does have slight echoes of a case in the UK, where a gay couple were refused a room in a guesthouse. The couple that owned the house said it was their place and that their religious beliefs would not permit them to allow a gay couple to sleep under their roof. The owners of the guesthouse lost the case, and the judge explained that religious beliefs or not, their guesthouse was open to the ‘public’ and the public have constitutional and human rights in ‘public’ places.
Back to Seville… so the couple, whose son was born to them via a surrogate mother in the USA, contacted the school again and explain that they are in fact the ‘gay parents’ who had made a previous enrollment request, and asked for an explanation for the previous refusal. The head of admissions Maravillas R., who is the sister of the principal Ramón R., said it was merely an “administrative misunderstanding.” However, just four days after that conversation the child was refused enrollment again.
The case now moves up the judicial line… which way will the Spanish courts go with this one…?