Court Rejects Suit Over School’s Expulsion of Alleged Lesbians

Howard Friedman writes:

In Doe v. California Lutheran High School Association, (Cal. App., Jan. 26, 2009), a California state appellate court held that a private religious high school is not a "business enterprise" and therefore is not subject to the Unruh Civil Rights Act.

From ABC News:

"They're giving private religious schools carte blanche to discriminate on any basis," said Kirk Hanson, the lawyer for the two girls, who were identified in court papers only as Jane Doe and Jane Roe.

The school argued that "The whole purpose of sending one’s child to a religious school is to ensure that he or she learns even secular subjects within a religious framework; otherwise, merely supplementing the child’s secular education with Sunday school or a religion class would suffice."

The entire ruling is here [.pdf].