Summary

California Lutheran High School is a private religious school in Wildomar, California. Like most private religious schools, California Lutheran has a religiously-informed code of conduct that its students are bound to follow as a condition of their admission to the school.

In 2005, California Lutheran expelled two students for allegedly engaging in same-sex sexual conduct in violation of the school's Christian Code of Conduct. Plaintiffs sued California Lutheran in state court, alleging that the expulsion constitutes sexual orientation discrimination in violation of state law, i.e., the Unruh Civil Rights Act.

On cross-motions for summary adjudication, the trial court ruled in favor of California Lutheran, ruling that California Lutheran is a private religious school, therefore, California Lutheran is not a business establishment and not subject to regulation under the Unruh Act.

On January 26, 2009, the California Court of Appeal affirmed the trial court’s decision, thus ruling in favor of California Lutheran.

The Association for Faith-Based Organizations (AFBO) sought to intervene in this case to protect its member schools' First Amendment right to make admissions decisions and disciplinary decisions consistent with their religious beliefs. AFBO members include such California private religious schools as Biola University, The Master's College, Point Loma Nazarene University, and Simpson University. These schools have religious admissions criteria substantially similar to Cal Lutheran and require their students to abide by rules prohibiting all forms of extramarital sexual conduct.

The trial court denied AFBO’s motion to intervene.  The Court of Appeals dismissed AFBO’s appeal of the denial as moot because it ruled in favor of California Lutheran.

AFBO is represented by the Center for Law & Religious Freedom, the Alliance Defense Fund, and John Stewart of Stewart & Stewart. California Lutheran is represented by John P. McKay and Michael P. Acain of McKay Byrne & Graham.

Litigation Documents

California Court of Appeals Opinion – January 26, 2009

AFBO's Memorandum of Points and Authorities in Support of Motion to File Complaint in Intervention - August 29, 2007.

Press Releases

Victory for California Christian school – January 27, 2009

CLS attorney available to media following hearing in Christian school expulsion case – January 6, 2009

Calif. Christian school has the right to make its own religious admission decisions - September 4, 2007.

News Articles

Court Rejects Suit Over School’s Expulsion of Alleged Lesbians – January 27, 2009