Two schoolgirls pursuing a lawsuit over their expulsion after an alleged lesbian relationship, were given backing by the Superior Court.

Judge Gloria Connor Trask refused to dismiss the claims despite statements from the California Lutheran High School that the institution is a private, religious, organisation and that the case should be refused.

The girl’s representative, Kirk Hanson, told the Associated Press, “We think members of this community would be anxious to hear this kind of a case.”

“Parents, grandparents and anyone involved in the life of a child would not want a school engaging in this type of behaviour.”

School attorney John McKay said: “This is clearly a First Amendment issue, and my clients had the right to do what they did.”

The students, who have not been named, were expelled when the principal, Gregory Bork, suspected they were having a lesbian relationship.

Mr Bork told the junior’s parents he was upholding the school’s religious values and keeping the girls from sin, according to court documents.

The names of the girls and their parents weren’t disclosed. Attorneys would not say whether the girls are lesbians.

The teenagers claim the head teacher believed third-hand information that they were lesbians, interrogated them and refused them contact with parents.

Mr Hanson added, “There wouldn’t even be a question if this school had done this based on the color of their skin, once the school started accepting tuition money, they became a business.

“Simple as that.”

The lawsuit against the school and Mr Bork alleges false imprisonment, violation of fair business practices, invasion of privacy and discrimination based on sexual orientation.

The judge allowed the suit to continue, but she dropped one count that the school blocked the teens’ chance for their pursuit of happiness.