Wichita ? A lawsuit filed by three Hispanic families against the Catholic Diocese of Wichita challenging a policy that requires students to speak only English while at school goes to trial in federal court today.

“What happened at that school constitutes race discrimination under federal anti-discrimination laws – that is why it is important. That needs to be stopped,” said Christopher McHugh, the attorney representing three 12-year-old students named as plaintiffs in the civil litigation.

The lawsuit seeks an end to the policy and asks for an order barring similar policies at other Catholic schools in the Wichita diocese.

The plaintiffs are claiming the policy violates the Civil Rights Act and another federal statute by intentionally discriminating against the sixth-grade students and causing a hostile educational environment.

The diocese contended in court filings that the English-only rule is not discriminatory and did not cause a hostile environment. It contends the rule was implemented at St. Anne Catholic School as a legitimate response to inappropriate behavior by a few middle school students.

“This case is about a matter of discipline,” Jay Fowler, the attorney representing the Catholic Diocese said Monday. “Catholic schools embrace all cultures.”

The lawsuit also seeks the return of one student to the school who was allegedly kicked out for refusing to sign the “English only” pledge. And it asks for court and attorney costs and unspecified damages for discrimination and emotional suffering.

“We have seen it tried in public schools before,” McHugh said. “The problem public schools have is that it is a First Amendment issue – so public schools haven’t been very successful.”

Fowler said this case is not a First Amendment issue.

“This is not a case that implicates constitutional or statutory rights, as no court has recognized a right to speak a foreign language at school,” the defendants said in court documents.