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Mineola, N.Y.�A New York state judge has dismissed a breach of implied contract action brought by a man expelled from a Roman Catholic seminary after he criticized the school for allegedly promoting “pro-gay” literature and using sexually inappropriate references in class. Justice Anthony L. Parga of Nassau County, N.Y., Supreme Court-a state trial-level court-determined that the Seminary of Immaculate Conception’s “inherent power” to operate its religious education program, coupled with the student’s “repeated refusal” to accept the school’s authority, justified its decision to expel William J. Downey, who was pursuing a master’s degree in theology. The judge in Downey v. Schneider, No. 845-03, therefore granted the seminary’s motion for summary judgment and denied Downey’s motion for sanctions and costs. Downey, whose affidavit stated that he was a former mergers and acquisitions consultant prior to entering the master’s program at age 55, alleged that the school located in Huntington, N.Y., promoted “pro-gay and lesbian books,” including Religion is a Queer Thing. He also contended that the word “PECKER,” used as an acronym to help students memorize key historical points in biblical Israel, was prominently displayed in his co-ed introduction to the Bible course.

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