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An appeals panel finds California Lutheran High School in Riverside County is not a business and therefore doesn't have to comply with a state law barring discrimination based on sexual orientation.
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After a Lutheran school expelled two 16-year-old girls for having "a bond of intimacy" that was "characteristic of a lesbian relationship," the girls sued, contending the school had violated a state anti-discrimination law.In response to that suit, an appeals court decided this week that the private religious school was not a business and therefore did not have to comply with a state law that prohibits businesses from discriminating. A lawyer for the girls said Tuesday that he would ask the California Supreme Court to overturn the unanimous ruling by a three-judge panel of the 4th District Court of Appeal.
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The girls were expelled in their junior year for "conducting themselves in a manner consistent with being lesbians," said [John] McKay [counsel for the school], who added that the girls never disclosed their sexual orientation during the litigation.
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The dispute started when a student at the school told a teacher in 2005 that one of the girls had said she loved the other. The student advised the teacher to look at the girls' MySpace pages. One of the girls was identified as bisexual on her MySpace page, the other's page said she was "not sure" of her sexual orientation.McKay said the website also contained a photograph of the girls hugging.
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The school also did not break the law when it disclosed the girls' "suspected sexual orientation" to their parents, the court said. The parents, "in light of their right to control their children's upbringing and education, had a right to know why" they were being expelled, the court said.Hanson said the entire episode was "very traumatic" and "humiliating" for the girls.
*The school is affiliated with synods that believe homosexuality is a sin, the court said. The school's "Christian conduct" code said students could be expelled for engaging in immoral or scandalous contact, on or off campus.
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