Full opinion text
DECISION AND ENTRY DENYING PLAINTIFFS’ REQUEST FOR A PERMANENT INJUNCTION; JUDGMENT TO BE ENTERED FOR DEFENDANTS; TERMINATION ENTRY RICE, District Judge. The merits of the captioned cause are presently before the Court for a determination of whether a permanent injunction should be issued against the Ohio Civil Rights Commission (“OCRC” or “Commission”) to enjoin it from investigating and conducting a hearing on a charge of sex discrimination and retaliatory employer practices against the Dayton Christian Schools (DCS) leveled by a former teacher, Mrs. Linda Hoskinson. Counsel for the parties agreed to consolidate the hearing on Plaintiffs’ request for a preliminary injunction with the hearing on the merits of the captioned cause, pursuant to Fed.R.Civ.P. 65(a)(2). Plaintiffs consist of DCS as an entity; Patterson Park Church; Christian Tabernacle; Claude E. Schindler, superintendent of DCS; Stephen T. House, M.D. (School Board Member at DCS), and his wife, Camilla House, parents; and Pau] Pyle, a teacher at DCS. Defendants are the Ohio Civil Rights Commission, its Commissioners, two Directors of the OCRC, and the Attorney General and Assistant Attorney General of Ohio. All Plaintiffs allege that their first amendment rights to freedom of religion will be violated if the OCRC is permitted to exercise jurisdiction over the school. The complexity of the problem presented to the Court stems from the pervasively religious orientation of DCS and the need to determine if the state’s attempt to regulate an aspect of the operation of that school impermissibly runs afoul of the proscriptions set forth in either the free exercise or establishment clauses of the First Amendment to the United States Constitution. The issue before this Court is whether the OCRC may exercise jurisdiction over DCS to investigate and to conduct a hearing on a charge that the school discriminated on the basis of sex and/or engaged in prohibited retaliatory employer practices when it terminated a female teacher’s employment contract.. Having conducted a hearing on this matter and having carefully reviewed the evidence and the arguments presented by the parties, the Court, as set forth in the opinion below, finds that a permanent injunction should not issue and therefore denies Plaintiffs’ request for same. I. Findings of Fact A. Purpose and Mission of Dayton Christian School Dayton Christian Schools, Inc., is a private nonprofit corporation that provides education both to elementary and high school students (Exhibit 1, Page 71 1B07). The exhibits and testimony introduced at the hearing on this matter all support the finding that, from its inception, DCS has had a dominant religious purpose which permeates both the administrative and substantive aspects of the school. When first incorporated, the school outlined its purpose and objectives as follows: (1) Principal purpose ... is to provide a program of education in a positive Christian atmosphere offering regular courses of study in compliance with the laws and regulations of the State of Ohio. (2) Other purposes and objectives are: (A) to provide for the students and faculty (an) ... environment commensurate with an institution having ultimate objectives which are Christ-centered. (B) to teach all subjects in a manner to create in each student an awareness of God’s Supreme authority over all creation. (C) to present the Bible, God’s Word, as the only reliable and true revelation of God’s nature and His redeeming purpose and will for mankind. (D) to teach that the Lord Jesus Christ is the Son of God who came to earth to die for our sins. (E) to train and prepare youth to make worthy contributions to the Cause of Christ in the home, church and community- (F) to help each student aspire to positions of responsibility in full or part-time Christian service, wherever that call for service may be. (Exhibit 1, Page 71 1B06). The preamble to the Constitution of Dayton Christian Schools, Incl further delineates the school’s religious purposes: The corporation will provide an educational curriculum of the highest possible standards in order to prepare students for purposeful Godliness ... each student will be taught Christian Doctrine based on the Bible as the textbook authority for such instruction and learning. (Exhibit 1, Page 71 1C01). As an administrative means of insuring continued efforts toward the pronounced goals, both the original and current constitution of the Dayton Christian Schools, Inc. delineate a Statement of Faith of religious precepts to which each member of the Board of Directors and educational staff is required to subscribe yearly. (Exhibit 23: Statement of Faith executed by Linda Hoskinson on April 17, 1978). Woven throughout most of the Plaintiff’s exhibits introduced at the hearing is the advocation of the religious philosophies and purposes of Dayton Christian Schools, Inc., as evidenced by the following compilation of exhibits. (1) Dayton Christian Schools is an interdenominational ministry offering a Christ-centered education ... our goal is to provide a quality educational program that is based upon the Word of God (Exhibit 3, Page 1; cover letter to employment candidates); (2) The entire process of education is seen as a means used by the Holy Spirit to bring the student into fellowship with God ... to assist him in developing a Christian mind ... to train him in Christ-likeness (Exhibit 21, Page 5: Teacher’s Manual); (3) The authority for such an education comes from God’s command ... the Christian School is an extension of the local evangelical fundamental church’s Christian education program (Id); (4) In a Christian School, all studies and activities should be God-centered ... creating and developing a Christian mind is a foremost goal of the Christian School (Id at Page 7); (5) [the purpose is] to nourish dedicated disciples of our Lord Jesus Christ (Id at Page 57); (6) We feel strongly that according to God’s Word, all Christian children belong in an educational system where Jesus Christ is preeminent (Collossians 1:18) (Exhibit 8: cover letter to parents). The testimony of Claude Schindler, Superintendent of Dayton Christian Schools, Inc., identified the religious background from which the school emerged (T. 23) and substantiated that its purpose and mission are based upon religious precepts found in the Bible and carried out in such a manner so as to achieve a religious goal. In the Bible, Deuteronomy, Chapter 6, Verses 5 through 7, parents are commanded to diligently train their children to love thy God with all their heart, soul and mind every moment of the day. We feel that the instruction we must give our children is there can’t be any differentiation between secular and sacred, that God Himself is the center of all aspects of learning and everything that’s God’s (T. 32). And thus, our mission at Dayton Christian Schools is, in essence, to be a servant to the home and to help Mom and Dad fulfill their Godly responsibilities. And that being our mission it then centers — then forms into the philosophy of education. And that philosophy is that our mission, our goal, is to help these young people become like Jesus Christ, to think like Him, to act like Him by demonstrating their characters and qualities in their lives. We believe that is crucial, that a Christian becomes like Him. And thus, He becomes the focus in everything we do in our school (T. 33). As no contrary evidence was presented by the Defendant as to the religious purpose and mission of the school, the Court concludes that the religious purpose and mission of Dayton Christian Schools, Inc., is for propagation of the Christian beliefs and faith and that this religious orientation is an integral part of the school’s philosophy and operation. The aforesaid religious purposes are shown by the evidence to permeate the school’s goals, curriculum and administration. B. Biblical Chain of Command The basic religious philosophy of DCS is founded upon beliefs that are reflected in the members’ Statement of Faith. (See, note 2, supra). Almost every aspect of the school’s philosophy and approach to education emanate from principles found within the Bible. Of specific relevance to the present proceeding is the belief founded on Matthew 18:15-7 and Galations 6:1 that all those employed or enrolled at DCS always give a good report and adhere to a Biblical Chain of Command. The Chain of Command refers to a scriptural belief (T. 72) in an authority structure. As explained by Claude Schindler in testimony given at trial: The principle of giving a good report means that I will not give a bad report about someone else to another party, nor will I listen to a bad report from someone else about that party unless I am being asked, according to Matthew 18, to go as a witness. In other words, I will not receive a bad report about a teacher from a parent unless that parent has first made contact with the teacher and as a result of that contact is not satisfied, then I will go along with that parent to the teacher to resolve it. If that doesn’t resolve it, then the three of us, in turn, will go to our Board of Directors to resolve the conflict. That is what we will call the Chain of Command as specified in Matthew, Chapter 18, Verses 15 through 17 (T. 75). The way the Scriptures teach, the way we are to love God is by our obedience. And we know the Scriptures teach that in obedience, there’s [sic] certain authority structures that He has established and we feel that it is important that each teacher recognizes the authorities that have been placed over them as well as we expect the students to recognize the authority the teacher has over them and we expect them to respond to what is placed in front of them in the Teacher’s Manual. But if they have a disagreement or do not concur with what is in the policy manual, they have an avenue open to them to come to us and discuss, according to Matthew, Chapter 18:15-17, and to air their concerns with reference to that particular policy. If they are not satisfied with that, they can — a procedure is established that they can go to the administrator and ultimately. to the Board for resolving that particular conflict. Without that avenue open, we expect them to respond to what we ask them to do (T. 52-53). Consistent with the above explanation is the Constitution of Dayton Christian Schools, Inc., which stipulates that one of the functions of the Board of Directors is to serve as a final Board of Appeals in all misunderstandings involving personnel employed by the Corporation (Exhibit 2, Article V, Section IE). In summary, the concept of Chain of Command is closely intertwined with the concept of giving a good report, both of which are scripturally based explanations of an authority structure and, procedurally speaking, are somewhat akin to the legal concept of exhausting administrative remedies. C. The Discharge of Mrs. Hoskinson The following are the findings of fact concerning the discharge of Mrs. Hoskinson. (1) In January of 1979, Mrs. Hoskinson informed the principal of DCS, James Rakestraw, that she was pregnant. (Final Pretrial Order, Doc. # 12, p. 2). (2) Subsequent to this conversation, Mr. Rakestraw discussed Mrs. Hoskinson’s pregnancy with Mr. Claude Schindler who instructed Mr. Rakestraw to write Mrs. Hoskinson a letter stating “that because of our desire to have a mother home with pre-school age children, that she would not be issued a contract for the upcoming school year.” (T. 67). The foundation for this belief was described by Mr. Schindler at trial in the following manner. We believe that the Bible teaches that even though we are equal in the sight of God, our role is different, the role of the female is different than that of the male. The Scripture teaches that in I Peter, Chapter 3, I Timothy Chapter 2, Titus, Chapter 2, just to mention a few passages of the Scripture. And in those passages it spells out the role of a woman. And my counseling with Mr. Rakestraw is based upon those principles in God’s Words. And we felt they directly related to a woman being home with her pre-school age children. We rescinded the letter (sent February, 1979 to Linda Hoskinson) because after counseling, we found that we had not adequately explained this to our faculty and to our staff. And thus Mrs. Hoskinson was not fully aware of the convictions of the administration and of the School Board relative to this particular Biblical principle (T. 139-140). Therefore, the record supports the conclusion that, at least in the mind of Mr. Schindler, the nonrenewal of Mrs. Hoskinson’s teaching contract was an act consistent with and compelled by religious beliefs. (3) Pursuant to that discussion, Mrs. Hoskinson received a memorandum from Mr. Rakestraw on or about February 20, 1979, confirming that her teaching contract would not be renewed for the following school year {Id,.; Exhibit A). The stated reason for nonrenewal was as follows: My concern ... was ,... that as you will be a new parent (June) your teaching next year would be in contrast to the School’s philosophy. As a school, we see the importance of the mother in the home during the early years of child growth. This is a factor we consider as we interview prospective teachers. If there are pre-school age children in the home we recommend the mother stay there and do not accept her application. (Exhibit A). (4) Mrs. Hoskinson was not aware that the school had a policy, whether based on religious precepts or not, concerning pregnancy. Based on the exhibits presented by Plaintiff, it appears that the School’s philosophy concerning pregnancy was not anywhere specifically, delineated for its employees. Further, Mr. Schindler acknowledged in his testimony that “We had not adequately explained this [philosophy] to our faculty and to our staff. And thus Mrs. Hoskinson was not fully aware of the convictions of the administration and of the School Board relative to this particular Biblical principle.” (T. 140). Since there was nothing in writing, Mrs. Hoskinson had no way of knowing the policy (T. 128), although Mr. Schindler did assert that despite the lack of such documentation, the policy itself had not changed since its inception (T. 140). (5) Having received this notification of nonrenewal, Mr. and Mrs. Hoskinson consulted with an attorney concerning her employment with Dayton Christian Schools, Inc. (Final Pretrial Order, Doc. # 12, p. 2). Mrs. Hoskinson’s attorney subsequently wrote a letter to the Superintendent of DCS, Mr. Claude Schindler, concerning the February 20th memorandum of Mr. Rakestraw. In this letter, the attorney informed Mr. Schindler that the February 20th memorandum made it apparent that discriminatory practices existed at DCS (Exhibit B). Furthermore, in this letter the attorney informed Mr. Schindler that “[t]o preclude my client from further employment on the basis of pregnancy and child rearing constitutes violations of both state and federal discrimination laws ... should you not extend further employment to her on the basis of her pregnancy, we will have no alternative but to explore all state and federal administrative and court remedies.” {Id.). (6) On or about March 14, 1979, a meeting was held with Mrs. Hoskinson, Mr. Schindler and Mr. Rakestraw, in which Mrs. Hoskinson was informed that she was to be suspended effective immediately because she had gone to an attorney. (Final Pretrial Order, Doc. # 12, p. 3; Tr. 125 through 126). • (7) Mrs. Hoskinson was aware of the requirement that all teachers follow the Chain of Command prior to consulting her attorney and prior to her discharge. In Hoskinson’s employment contract the inquiry was made: “As a teacher in a Christian School, on what basis would you require obedience of your students?” Her handwritten reply was: “Obedience to those in authority over you is clearly stated in the Bible. I believe in God’s Chain of Command.” (Exhibit 25, Item 10). Thereafter, Linda Hoskinson entered into a contract with Dayton Christian Schools, Inc., and initialed a provision therein which required that she “agree to follow the Biblical pattern of Matthew 18:15-17 and Galatians 6:1 and always give a good report (with) all differences ... to be resolved by utilizing Biblical principles — always presenting a united front.” (Exhibit 22, Item 13). This was tfie last employment contract signed by Linda Hoskinson (T. 65) and was the contract in effect at the time of her discharge. Linda Hoskinson’s own testimony acknowledged her awareness of the Biblical Chain of Command (T. 131) and that a passage in the Bible admonishes one Christian not to take another Christian to law. (T. 134-135). Finally, evidence was presented showing that on a prior occasion (April, 1977), Linda Hoskinson failed to adhere to the Chain of Command principle (T. 90-91), was warned about this (T. 68), faced the possible jeopardy of being discharged at that time (Exhibit 29; T. 72, 91-92), but ultimately was rehired (T. 94). (8) On March 15, 1979, Mrs. Hoskinson met with the governing Board of DCS in which meeting her pregnancy was discussed. (T. 127-129). (9) On March 26, 1979, the Board met and the decision was made to discharge Linda Hoskinson (she was not present). (Exhibit 33, Page 2). (10) On March 27, 1979, a correspondence sent to Linda Hoskinson rescinded the memorandum of February 20, 1979, and gave notice of her termination due to serious philosophical differences as evidenced by her violation of Paragraph 13 of her employment contract executed April 17, 1978 (failure to follow the Biblical Chain of Command). (Exhibits D and E). Paragraph 13 provides: The Teacher agrees to follow the Biblical pattern of Matthew 18:15-17 and Galations 6:1 and always give a good report. All differences are to be resolved by using Biblical principles — always presenting a united front. (11) The eventual discharge of Mrs. Hoskinson stemmed from the fact that she contacted an attorney in response to actions taken by the school regarding her employment. As demonstrated by Plaintiffs’ testimony and exhibits, this consultation with an attorney constituted a breach of the Chain of Command. The pertinent parts of the record follow: Mrs. Hoskinson was terminated because of the violation of I Chronicles, Chapter 6, Versus 1 through 8, and Matthew, Chapter 18, Versus 15 through 17, which is a violation of the Chain of Command in seeking to resolve a conflict outside the church community. (T. 68: testimony of Claude Schindler); The Board ... has concluded that there is a serious philosophical difference between Linda Hoskinson and Dayton Christian Schools. This has been evidenced by violation of Paragraph 13, contained in her employment contract. (Exhibit 33: minutes of Board meeting; Exhibit D: Termination letter); She was discharged because she violated her employment contract, and the time we had a hearing to discuss that she would not talk to the Board with regard to that. (T. 147) Specifically, the contract was violated in No. 13, specifically talking about Matthew 18:15-17 and Galatians 6:1, with reference to always giving a good report. (T. 148: testimony of Stephen House, School Board Member at DCS); I was told in the meeting on March 14th at the close of the meeting that I was being suspended because I went to the law, because I talked to a lawyer. (T. 124: testimony of Linda Hoskinson). Thus, the record reveals that the immediate ostensible precipitating cause of Mrs. Hoskinson’s discharge was the fact that she went to an attorney to obtain advice and assistance in resisting the decision not to renew her contract because she was pregnant. The Court notes, however, that for the purposes of determining whether the OCRC may exercise jurisdiction over DCS with regard to Mrs. Hoskinson’s discharge, it matters not what the Court views to be the true or actual reason why Mrs. Hoskinson’s teaching contract was terminated. What does matter is the manner in which the OCRC views Mrs. Hoskinson’s discharge and whether the OCRC may exercise jurisdiction over DCS to investigate her discharge given the religious nature of the school and the asserted religious basis for both the initial decision not to renew her contract and the subsequent decision to terminate her contract for having consulted an attorney. (12) On March 28, 1979, Mrs. Hoskinson filed a Charge of Discrimination with the Ohio Civil Rights Commission in which she asserted that she believed DCS had discriminated against her on the basis of sex because of the nonrenewal of her teaching contract for the given reason that she was pregnant and because of the subsequent action of the Board in dismissing her for having consulted an attorney. (Exhibit No. 35) . (13) On April 18, 1979, the OCRC notified counsel for DCS of the charge against the school, suggested that DCS consider “adjustment of the matter,” and indicated that a preliminary investigation of the charge had been initiated. (Exhibit No. 36) . (14) On May 14, 1979, the OCRC contacted DCS once again to urge adjustment of the charge and to notify the school that failure to adjust would result in a formal investigation being initiated. (Exhibit No. 37) . (15) On October 29, 1979, the OCRC provided counsel for DCS with written confirmation of the information it would want made available at the investigative conference scheduled to take place at DCS on November 16, 1979. The following information was requested: 1. EEO/OCRC-53 employment data on Respondent for 1977 to the present. A blank OCRC-53 is enclosed for your convenience. 2. Blank employment application form(s) currently used by Respondent. 3. Employee handbooks and rules and regulations for the period January 1, 1977 to the present. 4. Written Respondent policy on the specific factors and procedures involved in the following for the period January 1, 1977 to the present: disciplinary actions, up to and including discharge; employee pregnancies; oral and written performance evaluations; performance standards; employees working with preschool children; contract renewal; employee grievance procedures; employees resorting to the legal system in grievances with Respondent; determination of “serious philosophical differences”; inquiries into employees’ financial status and babysitting plans. 5. Complete job descriptions and model contracts for the teaching position held by Complainant, from January 1, 1977 to the present. 6. A list of all Respondent employees who were pregnant during the period January 1, 1977 to the present, including: name; date of hire; dates of pregnancy; any change in status of employee while pregnant or afterward, including persons recommending change (name, sex, title), reason for change. 7. A list of all employees suspended and/or discharged from January 1, 1977 to the present, including: name; sex; date of hire; position(s) held, with dates; date of suspension/discharge; reason for suspension/discharge; person recommending suspension/discharge (name, sex, title). 8. A written position statement regarding each of Complainant’s allegations. 9. Minutes of Respondent’s Board of Directors meetings for March 15 and 26, 1979. 10. Complete personnel files for Complainant [and other specified individuals]. id. DCS was also advised that the OCRC wanted to interview Mr. Claude Schindler, Jr., Mr. Jim Rakestraw, Mr. Dan Grable, and any other witnesses DCS wished to use to respond to Mrs. Hoskinson’s charge. Id. (16) On January 28, 1980, the OCRC informed counsel for DCS that, having completed its preliminary investigation of Mrs. Hoskinson’s charge, the Commission had made the decision that it is probable that DCS or members of its administration had engaged in unlawful discriminatory practices. A proposed Conciliation Agreement and Consent Order aimed at eliminating the unlawful discriminatory practices and obtaining DCS’s voluntary compliance with Ohio’s civil rights laws was sent to DCS in compliance with Ohio Rev.Code § 4112.-05(B). DCS was also advised that should conciliation efforts' fail, the OCRC would initiate formal proceedings against the school. (Exhibit No. 40). (17) Subsequent to its initial investigation, the Commission determined, inter alia, that: Evidence and testimony indicate that but for the fact that Complainant is female and selected to have a child, she would have been offered a teaching contract for the 1979-1980 school year. Evidence and testimony also indicate that Complainant’s discharge, and the reasons given for it by Respondent, were directly linked to the February 20, 1979 memo which stated that she would not be offered a contract because “If there are pre-school age children in the home we recommend the mother stay there and do not accept her application.” Evidence and testimony indicate that Complainant would not have been thus treated had she been a male, and that, therefore, she has been discriminated against because of her sex. (Exhibit 41). (18) On February 13, 1980, the OCRC contacted counsel for DCS and advised that DCS had failed to respond with respect to the proffered Conciliation Agreement and Consent Order and had failed to appear at the conference scheduled for informal conciliation and that, informal conciliation having failed, the Commission intended to initiate a hearing on the charge before an administrative hearing examiner. (Exhibit No. 42). (19) The proposed Conciliation Agreement and Consent Order to which DCS declined to respond or agree would have required DCS to reinstate Mrs. Hoskinson with back pay, and would have prohibited DCS from taking any retaliatory action against Mrs. Hoskinson, or anyone else participating in the proceedings, for having become involved in an action before the Commission. (Exhibit No. 43). The rejected Conciliation Agreement and Consent Order also provided: E. Respondent will not discharge Complainant without just cause. Respondent will submit to the North Southwest Regional Office of the Commission, copies of any warnings or reprimands given to Complainant during the next one (1) year, and will also notify said office if Complainant is discharged for any reason within the period of one (1) year. F. Respondent agrees to implement and administer the policies and work rules of the school equally without regard for the employees’ handicap, race, sex, religion, age, color, national origin or ancestry. G. Respondent shall post in a conspicuous place or places on its premises, the Commission’s mandatory notice which sets forth excerpts of Chapter 4112, Ohio Revised Code, and other relevant information. H. Respondent shall not seek information regarding race, color, religion, age, sex, national origin, handicap or ancestry on its form of application, unless a bona fide occupational qualification is certified in advance by the Commission. I. Respondent shall make clear in its employment contracts that employees may contact the Commission if they believe they are being discriminated against at any time because of handicap, race, sex, religion, age, color, national origin or ancestry. J. Respondent agrees to establish specific guidelines for employee pregnancy and home child care, to notify all employees in writing of this policy, and to furnish the Commission’s North Southwest Regional Office, within sixty (60) days from the date of ratification of this agreement, proof of compliance with this provision. K. Not later than thirty (30) days after the effective date of this conciliation agreement and consent order, an authorized officer of the designated Respondent will furnish the North Southwest Regional Office of the Commission a certified check, made to the order of Complainant, for the full amount of back pay stipulated to in paragraph 11(b) supra. Id. Having rejected the Conciliation Agreement and Consent Order, DCS was not in any way bound by its terms. (20) On March 9, 1980, the OCRC contacted counsel for DCS and urged that DCS present a counter offer to the proposed Conciliation Agreement and Consent Order. (Exhibit'No. 44). (21) On April 18, 1980, the Commission filed a Complaint against DCS to initiate an administrative hearing on the charges filed by Mrs. Hoskinson and the ensuing Commission investigation and determination of probable cause that DCS had been or was presently engaging in unlawful discriminatory practices. (Exhibit No. 45). In particular, the Complaint asserted that it was ■ probable DCS had been or was still in violation of ORC § 4112.02(A) (unlawful discrimination on the basis of sex) and (I) (discrimination for having attempted to protect or assert rights under the Ohio Civil Rights Commission Statutes). The hearing was scheduled to commence on August 7, 1980. Id. (The hearing was subsequently postponed and rescheduled to take place on October 8, 1980.) (22) On May 20, 1980, Plaintiffs filed an answer with the OCRC in response to the OCRC complaint. (23) On October 1, 1980, Plaintiffs filed the complaint in the instant action. II. Applicable Law In determining whether a permanent injunction should be issued, the Court must first determine whether the' Plaintiffs have actually prevailed on the merits of their claim. Philadelphia Citizens in Action v. Schweiker, 527 F.Supp. 182, 193 (E.D.Pa.1981); Sierra Club v. Alexander, 484 F.Supp. 455, 471 (M.D.N.Y.), aff'd, 633 F.2d 206 (2d Cir.1980); Minnesota Public Interest Research Group v. Butz, 358 F.Supp. 584 (Minn.1973). If the Plaintiffs in the present matter have established that the exercise of jurisdiction over DCS by the OCRC to investigate Mrs. Hoskinson’s allegations would violate Plaintiffs’ first amendment fight to freedom of religion, then the Court must determine whether a permanent injunction should be granted to prevent the OCRC from exercising that jurisdiction. The infringement on Plaintiffs’ freedom of religion rights, however, must be more than a mere possibility or speculative. In Detroit Newspaper Publishers Assn. v. Detroit Typographical Union No. 18, 471 F.2d 872 (6th Cir.1972), cert. denied, 411 U.S. 967, 93 S.Ct. 2149, 36 L.Ed.2d 687 (1973), the Sixth Circuit quoted Professor Wright in discussing the “ordinary principles of equity” that must be considered prior to issuing a permanent injunction. “The classic principles governing availability of injunctions were summarized by Justice Baldwin, sitting at circuit, in 1830: ‘There is no power the exercise of which is more delicate, which requires greater caution, deliberation, and sound discretion, or more dangerous in a doubtful case, than the issuing an injunction; it is the strong arm of equity, that never ought to be extended unless to cases of great injury, where courts of law cannot afford an adequate or commensurate remedy in damages. The right must be clear, the injury impending or threatened, so as to be averted only by the protecting preventive process of injunction: but that will not be awarded in doubtful cases, or new ones, not coming within well established principles; for if it issues erroneously, an irreparable injury is inflicted, for which there can be no redress, it being the act of a court, not of the party who prays for it. It will be refused till the courts are satisfied that the case before them is of a right about to be destroyed, irreparably injured, or great and lasting injury about to be done by an illegal act; in such a case the court owes it to its suitors and its own principles, to administer the only remedy which the law allows to prevent the commission of such act.’ “To this day courts continue to stay their hand until there has been a clear showing of irreparable injury for which there is no other adequate remedy.” 3 Barron & Holtzoff, Federal Practice and Procedure (Wright Ed.) § 1431. Id. at 876; see also, Bradley v. Detroit Board of Education, 577 F.2d 1032, 1036 (6th Cir.1978); Roseboro v. Fayetteville City Board of Education, 491 F.Supp. 110, 112 (E.D.Tenn.1977). If Plaintiffs have demonstrated the requisite real and present danger of irreparable injury, then the Court must weigh the equities between the parties involved to determine how the respective interests of the parties will be affected by the granting or denying of the injunction. Detroit Newspaper Publishers Assn., 471 F.2d at 876; see also, 7 Moore’s Federal Practice, ¶ 65.18[3], p. 163; Wright & Miller, Federal Practice and Procedure, § 2942, p. 366-367 (1973). This balancing process involves inquiring into such factors as “the adequacy of another remedy; the benefit to the plaintiff if injunctive relief is granted and hardship if such relief is denied; the hardship on the defendant if injunctive relief is granted; the hardship on third parties; the convenience and effectiveness of administration; and the public and social consequences of either granting or denying injunctive relief.” Philadelphia Citizens in Action, 527 F.Supp., at 193 (citing, 7 Moore’s Federal Practice, 11 65.18[3], at 65-136 to 65-140.1 (1980)). These factors are not dissimilar to those delineated by the Sixth Circuit as appropriate for consideration in determining whether a preliminary injunction should be issued. Three of the four factors identified by the court in Friendship Materials, Inc. v. Michigan Brick, Inc., 679 F.2d 100 (6th Cir.1982), as appropriate inquiries in preliminary injunction proceedings are equally appropriate in permanent injunction proceedings. Specifically, the Court must consider whether the plaintiff has demonstrated irreparable injury, whether the issuance of the injunction “would cause substantial harm to others,” and “whether the public interest would be served by issuing” an injunction. Id., at 102. Equally applicable in permanent injunction proceedings is the court’s qualification that the “factors guide the discretion of the district court, they do not establish a rigid and comprehensive test____” Id., see also, Roth v. Bank of Commonwealth, 583 F.2d 527, 537 (6th Cir.1978) (“A fixed standard is not the essence of equity jurisprudence____”). The Court, then, must take a careful view of the established facts to ascertain whether and to what extent the Plaintiffs’ first amendment right to freedom of religion is in reality threatened by the pending OCRC investigation and hearing. Moreover, if the Court finds that the Plaintiffs’ right to freedom of religion is in fact in danger of being impinged upon, the Court must scrutinize and weigh the equities and interests involved to determine the appropriateness of injunctive relief. Finally, if injunctive relief is found to be appropriate, the Court must define with specificity the form and scope of the injunction to be issued. See, Philadelphia Citizens in Action, 527 F.Supp. at 193, citing, Sierra Club v. Alexander, 484 F.Supp. at 471; Minnesota Public Interest Research Group v. Butz, 358 F.Supp. at 584. III. The Preliminary Inquiry: The Potential for First Amendment Problems and the Intent of the Legislature The Plaintiffs’ objections to applying the Ohio Civil Rights Commission statutes (ORC Chapter 4112) to the employment practices at Dayton Christian School center on what they perceive to be the resultant conflicts with the religion clauses of the first amendment. The Court finds, however, that the very fact that application of the Ohio Civil Rights Commission statutes to DCS could give rise to conflicts with Plaintiffs’ first amendment rights, requires that the Court perform an initial inquiry prior to addressing any substantive constitutional issues raised by Plaintiffs. This preliminary inquiry begins with an examination of the entire statutory scheme in question to determine whether, and to what extent, application of all of its provisions to the Plaintiffs before the Court would give rise to potential conflicts with the Plaintiffs’ constitutional rights. If the potential for such conflicts is serious, the Court must search the available sources reflecting legislative intent to determine if the legislature really intended that the statute in question be applied to Plaintiffs. NLRB v. Catholic Bishop of Chicago, 440 U.S. 490, 500-501, 99 S.Ct. 1313, 1318-1319, 59 L.Ed.2d 533 (1979). Should it appear .that the legislature in fact did not intend that the Plaintiffs be subject to the challenged statutory provision, that is, in the present case, if the Ohio Civil Rights Commission was not intended to have jurisdiction over employers such as DCS, there would be no need for the Court to decide the merits of the first amendment issues raised by Plaintiffs. Instead, the present controversy would be resolved by a determination by this Court that the OCRC could not investigate or conduct a hearing on the charges leveled by Mrs. Hoskinson, not because to do so would run afoul of Plaintiffs’ first amendment rights to freedom of religion, but because the state legislature never intended OCRC’s jurisdiction to extend so far. The function to be served by this initial inquiry and analysis is to avoid needless determination of constitutional issues if a possible construction of the statute would obviate the apparent conflicts with constitutional rights to which the Plaintiffs object. Id., EEOC v. Southwestern Baptist Theological Seminary, 651 F.2d 277, 285 (5th Cir.1981), cert. denied, 456 U.S. 905, 102 S.Ct. 1749, 72 L.Ed.2d 161 (1982); Russell v. Belmont College, 554 F.Supp. 667, 670-71 (M.D.Tenn.1982). Therefore, the Court’s analysis begins with an examination of the entire statutory scheme embodied in the Ohio Civil Rights provisions to determine whether the application of this statutory scheme to DCS would “give rise to serious constitutional questions.” NLRB v. Catholic Bishop, 440 U.S. at 501, 99 S.Ct. at 1319. In this analysis, the Court focuses on the nature of the institution (Dayton Christian Schools) and the potential activity envisioned under the statute with respect to that institution. NLRB v. Catholic, 440 U.S. at 501-504, 99 S.Ct. at 1319-1320; EEOC v. Southwestern Seminary, 651 F.2d at 285; EEOC v. Pacific Press Publishing Assn., 676 F.2d 1272, 1276-1277 (9th Cir.1982). Ritter v. Mount St. Mary’s College, 495 F.Supp. 724, at 726-729 (Md.1980). Should potential constitutional problems appear likely to arise from application of the OCRC provisions to DCS, then the Court must, as noted above, take a second look to evaluate whether the legislature “clearly expressed an affirmative intention” that the statute grant the OCRC jurisdiction over employers such as DCS. NLRB v. Catholic Bishop, 440 U.S. at 500, 99 S.Ct. at 1318 (quoting, McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U.S. 10, 21-22, 83 S.Ct. 671, 677-678, 9 L.Ed.2d 547 (1963); and, Benz v. Compania Naviera Hidalgo, 353 U.S. 138, 147, 77 S.Ct. 699, 704, 1 L.Ed.2d 709 (1957)). In undertaking this preliminary examination, the pervasively religious environment of DCS must be kept in mind. Every aspect of the school’s operation is geared toward exposing and educating the students on how to lead a Christian life by understanding what the members consider to be the guidance and direction provided by the Bible. As revealed in the testimony at the hearing on this matter and in the exhibits accepted into evidence, the teachers at DCS are selected because of their ability to blend their avowed religious beliefs into every lesson and school activity. Teachers are required to be born again Christians and to carry with them into their classes the' religious fervor and conviction felt necessary to stimulate young minds into accepting Christ as savior. Because of the emphasis placed on the religious education of the students, the school .demands that teachers conform both in thought and conduct to the tenets and principles felt essential to leading a Christian life. The belief system espoused by the members of DCS touches every aspect of their life: work, interpersonal relationships, family and recreational activities. Deviation in any way from what is felt to be the proper religious way of life may cast doubt on a teacher’s ability to perform his or her critical role and may, therefore, be grounds for dismissal. The powers extended to OCRC under Ohio Rev.Code Chapter 4112: Civil Rights Commission, must be reviewed against this backdrop. Ohio Rev.Code Chapter 4112 is Ohio’s counterpart to 42 U.S.C. § 2000e, et seq., or Title VII, which extends jurisdiction to the federal agency, the Equal Employment Opportunity Commission (EEOC), to eliminate various forms of discriminatory employment practices. Under Title VII, discrimination in an employment setting on the basis of an “individual’s race, color, religion, sex, or national origin” is an unlawful employment practice (42 U.S.C. § 2000e-2) which the EEOC is authorized to prevent through the statutorily defined enforcement procedure • in 42 U.S.C. § 2000e-5. Specifically exempted from application of Title VII are religious “corporation^], association^], educational institution^], or societpes] with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.” 42 U.S.C. § 2000e-l. This exemption has consistently been construed as permitting a religious employer to discriminate on the basis of religion with respect to employees who are to carry out the religiously oriented work of the employer. See, e.g., Equal Employment Opportunity Commission v. Mississippi College, 626 F.2d 477 (5th Cir.1980), cert. denied, 453 U.S. 912, 101 S.Ct. 3143, 69 L.Ed.2d 994 (1981); Ritter, 495 F.Supp. 724. The statutory scheme of Title VII envisions, and makes allowances for, the states to enact their own statutes aimed at eradicating discriminatory employment practices. If a state has a law prohibiting an alleged unlawful employment practice and an agency authorized to grant or seek relief from such practice, then the complainant must first commence state resolution of the dispute prior to resort to the federal system. See, 42 U.S.C. § 2000e-5(c) & (d). Thus, a dual or parallel state and federal scheme for eliminating discriminatory employment practices is permissible under the federal provisions. Furthermore, a state statutory scheme need not mirror in every respect the prohibitions of the federal statutes. State laws are not preempted by the federal statutes except to the extent such laws are inconsistent with the purpose of the federal statutes, or “purport to require or permit the doing of any act which would be an unlawful employment practice under this statute.” 42 U.S.C. § 2000e-7; see also, Shehadeh v. Chesapeake and Potomac Telephone Co., 595 F.2d 711 (D.C.Cir.1978); Ridinger v. General Motors Corp., 325 F.Supp. 1089 (S.D.Ohio 1971), reversed on other grounds, 474 F.2d 949 (6th Cir.1972). Ohio Rev.Code Chapter 4112, though similar in many respects to its federal counterpart, appears to some degree to adopt an even broader prohibition against discriminatory practices. For example, Ohio Rev.Code § 4112.02(A) makes it unlawful for any employer to “discharge without just cause, to refuse to hire, or otherwise to discriminate against [a] person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment” on the basis of “race, color, religion, sex, national origin, handicap, age or ancestry.” Additional prohibitions are contained in § 4112.02(E): It shall be an unlawful discriminatory practice. (E) Except where based on a bona fide occupational qualification certified in advance by the commission, for any employer, employment agency, or labor organization, prior to employment or admission to membership to: (1) Elicit or attempt to elicit any information concerning the race, color, religion, sex, national origin, handicap, age, or ancestry of an applicant for employment or membership; (2) Make or keep a record of the race, color, religion, sex, national origin, handicap, age or ancestry of any applicant for employment or membership; (3) Use any form of application for employment, or personnel or membership blank seeking to elicit information regarding race, color, religion, sex, national origin, handicap, age, or ancestry ...; (4) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination, based upon race, color, religion, sex, national origin, handicap, age, or ancestry; (5) Announce or follow a policy of denying, or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, color, religion, sex, national origin, handicap, age, or ancestry of such group; (6) Utilize in the recruitment or hiring of persons any employment agency, placement service, training school or center, labor organization, or any other employee-referring source known to discriminate against persons because of their race, color, religion, sex, national origin, handicap, age, or ancestry. Ohio Rev.Code § 4112.02(E). Ohio Rev.Code § 4112.99 would make violation of these provisions a misdemeanor of the third degree. Applying the above cited statutory prohibitions to DCS, the Court finds that those provisions would appear to make it an unlawful discriminatory employment practice for DCS to make a decision to employ a “Born Again” Christian as opposed to someone, for example, adhering to Catholic or Jewish beliefs, assuming such individuals shared equal teaching abilities. Furthermore, the statute would appear to require DCS to get advance approval from the Commission that religion was a “bona fide occupational qualification” before they could question job applicants about their religious beliefs, keep records concerning applicants’ religious beliefs, use forms eliciting information about religious beliefs, advertise for teachers holding particular religious beliefs, adopt a policy of hiring only adherents to fundamentalist principles, or accept applicants through any religiously oriented body that recommended only those holding fundamentalist beliefs. A review of the record in this case makes it clear that if these statutory prohibitions were brought to bear on DCS, the school could be found to be violating each and every limitation. Arguably, they could escape liability under § 4112.02(E) by obtaining approval from the commission that religion is a bona fide occupational qualification. There is no reason to believe that the Commission would be hesitant in granting certification to schools such as DCS, but the fact remains that rather than being able to engage in employment practices that have almost never been seriously questioned, religiously oriented schools such as DCS must now apparently seek approval from the state before they can actively seek out teachers who are adherents to their religious beliefs. The Supreme Court has long recognized the highly sectarian role of the teacher in religiously oriented schools. Lemon v. Kurtzman, 403 U.S. 602, 617, 91 S.Ct. 2105, 2113, 29 L.Ed.2d 745 (1971); NLRB v. Catholic Bishop, 440 U.S. at 501, 99 S.Ct. at 1319; Meek v. Pittinger, 421 U.S. 349, 370, 95 S.Ct. 1753, 1765, 44 L.Ed.2d 217 (1975). The teacher’s .critical role in propagating the fundamentalist religious tenets at DCS makes it clear that any attempt by the state to limit the ability of DCS to probe into job applicants’ religious beliefs or to hire on the basis of religion could result in an impermissible interference of the state into the religious practices of the DOS’s administration, its teachers, and its pupils and their parents. That DCS may have to seek certification that religion is a bona fide occupational qualification would cast the Commission into the role of deciding whether religious conviction truly is important in any or all positions at the school. The Commission might willingly and without question extend certifications to schools such as DCS and may choose not to consider complaints that such schools discriminated on the basis of religion, but herein the Court must look for all the risks of first amendment infringement that could occur if the Commission’s jurisdiction as described in the statute extended to DCS. NLRB v. Catholic Bishop, 440 U.S., supra, at 502, 99 S.Ct. at 1319. With respect to DCS, though perhaps not with all religiously oriented schools, § 4112.02(1) also poses a risk of infringing on the members’ first amendment rights. This subsection makes it unlawful: (I) For-any person to discriminate in any manner against any other person because that person has opposed any unlawful practice defined in this section, or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing tinder sections 4112.01 to 4112.07 of the Revised Code. Ohio Rev.Code § 4112.02(1). The conflict herein results from the religious tenets of the fundamentalists that one must follow the chain of command and never make .a bad report. These religious tenets, as described above, founded upon Biblical passages, prohibit one from taking a dispute outside the school’s hierarchy. . To file a complaint with the OCRC would be seen as a departure from this religious tenet and grounds for dismissal. Section (I), however, would make enforcing this religious tenet an impermissible retaliatory action. This conflict in fact is part of the present controversy. To enforce .this . provision against DCS could be viewed as resulting in the state depriving the members of their ability to act in accordance with their beliefs by punishing, dismissing or otherwise discriminating against a member who violates this tenet. Putting aside the troublesome facial prohibition on discriminating on the basis of religion, the prohibitions on the other forms of discrimination could, as applied to DCS, create problems. The controversy presented here bears evidence of the type of conflicts that can arise. Again, what must be kept in mind is the extensive all-encompassing nature of the religious doctrines that guide the activities at DCS. Failure to demonstrate the requisite attitude and temperament can be grounds for a teacher’s dismissal. Inherent in such decisions are very subjective sectarian evaluations. Should an individual, however, charge that the religious'reasons given for dismissal were but a pretext for sex, race, or some other form of unlawful discrimination, then the Commission would have to evaluate the subjective sectarian decision to determine if it was properly made or if the real reason for dismissal was some form of prohibited discrimination. Added to this is the further complexity, also presented in this controversy, of religious tenets which, if enforced, could be construed as being a form of impermissible discrimination by DCS. The focus on the home and family of the fundamentalists, for example, leads to the conviction -in some that the mother should be at home when the children are young. Yet to terminate a female teacher’s contract because she is pregnant is a form of sex discrimination according to Ohio Rev.Code § 4112.01(B). Once again, the Commission could be cast in the role of dictating to the school administration which of its beliefs its members may enforce and, in the alternative, which doctrinal violations they must tolerate and live with. The potential for intrusion into the administration and operation of DCS is accentuated when the provisions describing the Commission’s powers and duties are reviewed. Ohio Rev.Code § 4112.04 provides: (B) The commission may: (2) Initiate and undertake on its own motion investigations of problems of employment discrimination; (3) Hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the commission, and may make rules as to the issuance of subpoenas by individual commissioners. (a) In conducting a hearing or investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. In such investigations, the commission shall comply with the fourth amendment to the United States Constitution relating to unreasonable searches and seizures. The commission or a commissioner may issue subpoenas to compel access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in a common pleas court. No person shall be compelled to be a witness against himself. The above provisions would permit the Commission to inject itself into the affairs of DCS either on the basis of a complaint filed or on its own motion. Furthermore, § 4112.05 provides the commission can conduct investigations and hearings and issue and ... cause to bé served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such further affirmative or other action as will effectuate the purposes of sections 4112.01 to 4112.08 of the Revised Code, including, but not limited to, hiring, reinstatement, or upgrading of employees with, or without, back pay, admission or restoration to union membership, including a requirement for reports of the manner of compliance. Ohio Rev.Code § 4112.05(G). Within this procedural framework exists the potential for the Commission to evaluate sectarian decisions, in the context of hearings and investigations, to prohibit adherence to, or at least actions based upon religious tenets, and, in fact, to require the posting of anti-discrimination statements that may run contrary to the members’ religious beliefs. In a school which attempts to permeate every lesson and activity with its religious principles and values, such potential intrusion by the state squarely presents a risk of impermissible state entanglement and interference with the members’ religious beliefs and practices. Whether all of the potential infringements on First Amendment rights occur will depend in part upon how the Commission decides to apply the Civil Rights Commission statutes to schools such as DCS. Not knowing whether or how the Commission may act in the future, the Court can only examine the potential risks and conclude that the application of the Ohio Civil Rights Commission statutes to DCS could, in some instances, raise concerns closely akin to those raised by the Supreme Court, in examining the potential for first amendment infringement should the National Labor Relations Board (NLRB) have jurisdiction to investigate charges of unfair labor practices in parochial schools. There, as herein, “[t]he resolution of ... charges ..., in many instances, will necessarily involve inquiry into the good faith position asserted by the clergy-administrators and its relationship to the school’s religious mission. It is not only the conclusions that may be reached by the Board which may impinge on rights guaranteed by the religion clauses, but also the very process of inquiry leading to findings and conclusions.” NLRB v. Catholic Bishop, 440 U.S. at 502, 99 S.Ct. at 1319. The Supreme Court has stated that governmentally established religion or governmental interference with religion will not be tolerated. Walz v. Tax Commission of the City of New York, 397 U.S. 664, 669, 90 S.Ct. 1409, 1411, 25 L.Ed.2d 697 (1970). In determining whether a particular government action would run afoul of the First Amendment: Each value judgment under the Religion Clauses must therefore turn on whether particular acts in question are intended to establish or interfere with religious beliefs and practices or have the effect of doing so. Adherence to the policy of neutrality that derives from an accommodation of the Establishment and Free Exercise Clauses has prevented the kind of involvement that would tip the balance toward government control of churches or governmental restraint on religious practice. Walz, supra, at 669, 90 S.Ct. at 1411 (emphasis added). It was this concern for potential government interference with religion, resulting from the state's evaluation of the reasons for discharge of teachers in a fundamentalist school, that prompted a California District Court to find the California Unemployment Insurance Code unconstitutional as applied to church schools such as DCS. Grace Brethren Church v. California, No. CV-79-93 MRP, April 6, 1981 (C.D.Calif.). The potential for state interference with religion as practiced at DCS are no less grave in the instant case and, thus, the Court must take a second look at the statute in question to determine if the legislature “clearly expressed an affirmative intent” that the statute grant OCRC jurisdiction over employers such as DCS. NLRB v. Catholic Bishop, 440 U.S. at 501, 99 S.Ct. at 1319. Unaided by state legislative history to reveal intent, the Court must rely on the language of the statute in an effort to discern whether the Ohio legislature intended Ohio Rev.Code Chapter 4112 to apply to DCS and similar religiously oriented schools. Ohio Rev.Code § 4112.01(A)(2) defines “employer” to include “the state, or any political subdivision thereof, any person employing four or more persons within the state, and any person acting in the interest of an employer, directly or indirectly.” Subsection (A)(1) defines “person” as follows: (1) “Person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee, lending institution, and the state and all political subdivisions, authorities, agencies, boards, and commissions thereof. Dayton Christian Schools is a non-profit corporation, and if its non-profit status can in any way be seen as distinguishing it from the category of “corporation” in the above provision, then it certainly can still be encompassed in the category of “other organized groups of persons.” That the statute was intended to extend to employers such as DCS becomes clearer by the fact that the legislature inserted an exemption for “religious and denominational institutions” from the prohibitions on discrimination in housing. Ohio Rev.Code § 4112.-02(K). Were the prohibitions of Section 4112.02 not deemed to extend to religious institutions such as Dayton Christian Schools, there would, of course, have been no need to make such an exception within the housing provisions of that statutory section. “Employee” is also broadly defined in § 4112.01(A)(3) as “an individual employed by any employer but does not include any individual employed in domestic service of any person.” Nothing in this definition even hints that teachers in parochial schools are not within the ambit of the statute. The statute aims broadly by prohibiting “any employer” from engaging in unlawful discriminatory conduct. Ohio Rev.Code § 4112.02(A). Having demonstrated its ability to create an exception for religious institutions in housing matters in § 4112.02(E), the legislature must be deemed to have clearly intended that there be no exceptions from its outright prohibition against any employer’s engaging in discriminatory conduct. Inferring the intent of the Ohio legislature with respect to the breadth of th