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Reporting from San Francisco -- 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.

The appeals court called its decision "narrow," but lawyers on both sides of the case said it would protect private religious schools across California from such discrimination suits.
Los Angeles Times

The court similarly found that Boys Scouts of America is not a business and therefore exempt from anti-discrimination laws.

For me, if the school is a religious institution they should be able to discriminate, as stupid as that is. I am unconvinced, however, that this school is not primarily a business.


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