04-29) 16:14 PDT SAN FRANCISCO – The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn’t covered by California civil rights law and could expel students it believed were lesbians.
The parents sued under the Unruh Act, a 1959 state law that forbids discrimination by businesses. It was amended in 2005 to include bias based on sexual orientation and someone else’s perception of sexual orientation. State education law also prohibits anti-gay bias, but that applies only to public schools.
In January, the Fourth District Court of Appeal in San Bernardino said the school is not a business but instead a social organization entitled to follow its principles.
The case is Doe vs. Lutheran High, S171078