Gheta v. Nassau County Community College

Nassau County Community College (NCCC) (defendants), a public community college in New York, offered an elective course (PED 251) on human sexuality that students could take to fulfill a two-credit health requirement. As part of the course, students were required to read two textbooks addressing various topics related to sexuality, including anatomy and functioning of reproductive systems, childbirth, abortion, birth control, sexually transmitted diseases, premarital sex, and homosexuality. The materials and textbooks also discussed religious, social, and historical perspectives on sexuality. One of the textbooks explored differences between how sex was viewed in Western religions and Eastern religions, claiming that Western religions have taken a stricter, more repressive view of sex. The other textbook discussed how Christianity came to view both sex outside of marriage and homosexuality as sinful. The authors of both books expressed the view that rigid gender roles are limiting. Although not explicitly telling students to reject their religious beliefs, the textbooks encouraged students to examine how their religious beliefs affected their views on sexuality. Students were encouraged to try something new by attending a gay-rights rally, interviewing a member of the clergy, or getting a gynecological exam. Barbara Gheta (plaintiff), along with other students who had taken the course, filed suit against NCCC, arguing that the course, taken as a whole, belittled Christian ideology and violated the Establishment Clause of the First Amendment. NCCC filed a motion for summary judgment.