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Court lets private schools expel lesbians

The state Supreme Court left intact Wednesday a lower-court ruling that said a private religious high school wasn’t covered by California civil rights law and could expel students it believed were lesbians.

Over Justice Kathryn Mickle Werdegar’s dissent, the court denied review of an appeal by parents of two girls who were expelled from a high school in Riverside County. A lawyer for the parents said the ruling, which is binding on trial courts statewide, would allow private schools to discriminate against students on any basis they chose, including sex and religion.

The girls were juniors at California Lutheran High School in the town of Wildomar when the principal, Gregory Bork, called them to his office in September 2005 and questioned them separately about their sexual orientation, after another student reported postings on their MySpace pages.

Bork suspended the girls based on their answers, and the school’s directors expelled them a month later. The girls, who later graduated from another high school, have not been identified and have not discussed their sexual orientation, said their parents’ attorney, Kirk Hanson.

The parents sued under the Unruh Act, a 1959 state law that forbids discrimination by businesses. It was amended in 2005 to include bias based on sexual orientation and someone else’s perception of sexual orientation. State education law also prohibits anti-gay bias, but that applies only to public schools.

In January, the Fourth District Court of Appeal in San Bernardino said the school is not a business but instead a social organization entitled to follow its principles.

Although California courts have defined such organizations as a Boys Club and the Rotary Club as businesses covered by the Unruh Act, the appeals court cited a 1998 state Supreme Court ruling that allowed the Boy Scouts to exclude gays and atheists. Like the Boy Scouts, the appellate panel said, a private religious school exists mainly to instill its values in young people.

See Court lets private schools expel lesbians

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They hugged! Lesbians expelled from high school

Back in my day, you had to wake up pretty early to get expelled from high school. You had to rise at the crack of dawn and sell drugs to the children of well-connected bankers and lawyers. You had to trudge a mile in the snow to flip off a teacher (like, repeatedly). You had to make some kind of threat, like: I’m going to blow up this stupid school. I think maybe you could also get expelled for wearing shorts above the knee. Such are the baffling, inexplicable rules of high school expulsion.

But even in my conservative Texas high school, you could not be expelled for being a lesbian. Far less for exhibiting “a bond of intimacy” that was “characteristic of a lesbian relationship” — which, by the way, sounds like approximately 86 percent of female friendships. But such was the case in California, where two 16-year-old girls were expelled for “conducting themselves in a manner consistent with being lesbians.” An appeals court recently ruled 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,” according to a story in today’s L.A. Times.

The Times story recounts the twisty tale that led a teacher (tipped off by a student) to probe the terrifying waters of MySpace, where she found such incendiary evidence as the fact that one of the students identified as a bisexual. There was also a photo of the two girls hugging. (Hugging?!?! Shouldn’t you get some kind of merit badge for that?) Seriously, the story is worth a read. At one point, the principal seems to be coming on to one girl. The tables keep turning. It’s like “Doubt” or something.

So, OK: It’s a private school that wants to uphold a certain religious ethos. (The school is associated with the same religious denomination as Republican Rep. Michele Bachmann. ) Should they be allowed to discriminate based on their shame-based ethos? I’ll leave that for the courts to decide. (A lawyer for the girls hopes to take the case to the California Supreme Court.) But at a time when our school system is so embattled — fingers crossed, economic stimulus plan — and at an age when kids are discovering themselves and in the very place you might hope adults would be trying to sheperd them into an adult world, it’s just a damn shame that a school would spend its valuable resources on this kind of witch hunt.

― Sarah Hepola See They hugged! Lesbians expelled from high school