Expulsion of girls for homosexual conduct at Cal Lutheran High School

The PE reports that the Fourth District Court of Appeal ruled in Cal Lutheran's favor regarding its expulsion of two students for homosexual conduct. The students now intend on appealing to the California Supreme Court. The court apparently relied upon the United States Supreme Court's decision in 1998 involving the Boy Scouts. In that case, the court found the right of free association allowed the scouts to prohibit gay men from being troop leaders. The girls argue that the school is not a social club like the scouts and were more like a business. Businesses are not allowed to discriminate on the basis of race, sex, or sexual preference. Interestingly, the California Supreme Court will be bound by the US Supreme Courts' position on the right of free association which was based on the US constitution and to which the high school has rights. Thus, if the California Supreme Court wishes to overturn the court of appeal it would have to distinguish the current case from the boy scout case. If it did so, the high school could then appeal to the US Supreme Court stating that the California Supreme Court improperly distinguished the case.