A lawsuit filed by two 16-year-old girls has hit a dead end after the California Supreme Court declined to review the case. The suit was based on the girls’ expulsion from California Lutheran School in Riverside County because they had “bond of intimacy” that was “characteristic of a lesbian relationship.” That was enough for the girls to get the boot, and apparently not enough justification for the Court to think the case was worth hearing.
The suit had previously been ruled on by an appeals court, and the decision stated that state laws about discrimination did not apply to the school because it was not a business. This is the same legal principal used to deny the suit filed against the Boy Scouts of America by a gay man who had been similarly discriminated against. Because the school is based on a religious entity, there are some who see this as a just application of the separation of church and state, but it galls me that the right to be free of discrimination stops at the doors of a school, whether it be a religious or secular one. I’m curious to know what those Harpyness readers who have knowledge of the law have to say about this. Please let me know your thoughts in the comments.