Specifically, Mother Doe, et al. vs. California Lutheran High School, et al., a case in which California’s public accommodation law, the Unruh Civil Rights Act [Civil Code section 51], came into direct conflict with the First Amendment of the U.S. Constitution’s freedom of religion and the grant of expressive association, we persuaded the court that a private, not for profit, religious school is not a business subject to the constraints of the Unruh Act.

Factually, two girls who were perceived to be lesbians were held to have violated the Christian Code of Conduct of California Lutheran High School and were expelled. They then brought action against the school on a number of theories that all centered around discrimination against a protected class, in violation of the Unruh Civil Rights Act.

The trial court’s holding that the religious School does not have to accept as students those who express contrary views and that religious, not for profit private schools, are not businesses subject to the Unruh Civil Rights Act is expected to be appealed to the California Court of Appeal.

We will update this web site as this nationally important case travels through the appellate process. Should you have any questions or would like additional information please feel free to email or call us.