Religion & Law

. . . with a somewhat clunky title:

A private religious high school can expel students it believes are lesbians because the school isn't covered by California civil rights laws, a state appeals court has ruled.

"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," Justice Betty Richli said in the 3-0 ruling, issued Monday.

As with the Boy Scouts, she said, the primary function of the school is to instill its values in young people, who are told of its policies when they enroll.

Kirk Hanson, a lawyer for the two girls, said he was disappointed and would talk to them about a possible appeal to the state Supreme Court.

According to the court, he said, "if you're a religious school, you can discriminate on any basis you want."

He also noted that all children must attend school, either public or private, and said schools serve different purposes from a voluntary organization like the Boy Scouts.

John McKay, a lawyer for California Lutheran, said he was pleased the court recognized that "a religious school is not a business, and the purpose of a religious school is to teach Christian values."

Any state law that required the school to admit gays or lesbians would violate the school's freedom of expression and religion, McKay said.