By Kathleen Gilbert

June 3, 2010 ( – An attorney commentating for the Fox News show “Kelly's Court” not only dismissed as irrelevant a lawsuit against an Indiana bus driver caught berating a middle-school girl for her pro-family views, but said that the girl's family should instead be sued for instilling belief in traditional marriage.

A family is suing Carmel Clay Schools for emotional damages after bus driver Betty Campbell, angered by their daughter's belief in traditional marriage, summoned her onto an empty school bus to lecture her on why she should support homosexual “marriage.” The girl can be seen crying in the bus camera footage, which also captured Campbell calling the girl a “stupid little bigot” and declaring that children professing Christian beliefs “belong in a parochial church school.”

Campbell's harassment was reportedly sparked by the girl stating she would not have voted for Barack Obama because of his pro-abortion and pro-same-sex “marriage” agenda. The school has reportedly refused to discipline Campbell.

In other camera footage, Campbell can be heard saying that “I don't want to hear one more word about anyone going to hell if they are gay or if they're Buddhist or whatever, 'cause it's none of your damn business.” The girl's father, however, said that Campbell later admitted while under oath that she had never heard the girl say those words. 

But criminal defense attorney Joey Jackson vehemently denied that Campbell's tirade, and the stress she caused the student, deserved a legal battle. 

“Buy this girl a bowl of ice cream and call it a day,” said Jackson. “I am so surprised that this lawsuit has not been dismissed yet on frivolous and pointless grounds.”

“The fact of the matter is that maybe this school bus driver used poor judgment a poor choice of words,” he continued, “but to sue on the basis of this – if anybody should be sued, it should be, A, the father for filing the lawsuit, and B, the family for instilling these views in the child.”

In August 2009 the girl's parents sued the school district seeking payment of damages and court costs. The trial is scheduled to begin in December. 

Defense attorney David Wohl, on the other hand, called Campbell's conduct “absolutely” actionable. “If the child had expressed an opinion that favored same-sex 'marriage,' and that bus driver had gone after her, then do you think that bus driver would still have a job? I don't think so,” said Wohl on the same program.

“Kelly’s Court” Host Megyn Kelly concluded that “the parents here probably don't have a viable lawsuit, but they do have a heck of a right to be angry.” 

To contact:

FOX News


[email protected]

Carmel Clay Schools

Jeff Swensson, Superintendent

(317) 844-9961 x.1048

[email protected] 

Ron Farrand, Director, Facilities and Transportation

(317) 844-9961 x.2303

[email protected]

See previous coverage:

CAUGHT ON TAPE: School Bus Driver Brings Girl to Tears for Opposing Gay 'Marriage'