Well if this holds up across the nation, Miss Porter’s in Connecticut could see enrollment drop by half. (Kidding! Sort of.) But out in the Wild West of opposite marriage-loving California, the State Supreme Court upheld a lower court ruling giving private schools the right to expel gays. Naturally, religion and MySpace are factors here.
California Lutheran High School in Wildomar, Calif. (east of Newport Beach; map) suspended and then expelled two girls in 2005 after another student told administrators about their MySpace profiles, which would have led plenty to assume their sexual orientation was not exactly straight.
The parents of the girls (who have since graduated from another high school and have not disclosed their sexual orientation) sued, and the case has made its way through the courts. Their lawyer argued allowing allow the school to kick the girls out would snowball into permitting the expulsion of students based on other classes, like race or religion.
The Supreme Court didn’t see it that way, reports the San Francisco Chronicle, and now the rule of the California land allows private schools — considered businesses to the court — to discriminate as they see fit. The case hings on 1959’s Unruh Act that prohibits businesses from discriminating; it was updated in 2005 to include sexual orientation. When it comes to schools, state education law bans discrimination based on sexuality, but only in public schools.
Now, California Lutheran High School doesn’t receive any state or federal tax dollars, does it? ‘Cause that would surely change things. Uh, we hope.