California Lutheran High School's gym

A team of Christian lawyers is arguing before a California court that Christian schools have every right to expel students who violate standards of Christian behavior, such as by allegedly engaging in homosexual activities.

The lawyers from the Christian Legal Society and the Alliance Defense Fund are asking permission for the Association of Faith-Based Organizations to be added to a lawsuit over that issue. They say the result of the case against California Lutheran High School could affect the rights of members of the organization.

Parents of the two expelled students are suing the Christian school, alleging a violation of California's "sexual orientation" anti-discrimination laws.

"Christian schools have the right to make admissions and disciplinary decisions consistent with their Christian beliefs," said Timothy J. Tracey, a litigation counsel for the CLS. "To subject Christian schools to liability under the California anti-discrimination laws for expelling students who engage in homosexual conduct flatly violates this right."

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The parents of the students allege the Christian school is engaging in "sexual orientation" discrimination in violation of state laws. AFBO wants to intervene on behalf of a coalition of Christian schools to argue the U.S. Constitution allows Christian schools to establish religious admissions criteria and rules of conduct.

That means, the AFBO is arguing, application of state anti-discrimination laws would violate the schools' constitutional rights.

"The 14th Amendment protects the right of parents to send their children to a private religious school that shares their religious beliefs," the arguments said. "The United States Supreme Court has long recognized the existence of parents' right to direct their children's education."

It cited decisions that the court has "affirmed that parental rights are among the liberties protected by the Constitution."

That means parents of students attending the school, "or any of the AFBO member colleges and universities have a fundamental right to determine the 'religious future and education' of their children," the law firms said.

"These parents have chosen to send their children to private Christian schools because of the unique Christian mission and values espoused by the schools. Compelling the schools to condone extramarital sexual conduct contrary to their values and beliefs eliminates a primary reason why parents choose to send their children to these Christian schools in the first place – having their children educated and mentored from a distinctly Christian perspective."

The state may govern the "basic requirements" of private schools, through licensing and reporting requirements, but "it cannot unreasonably interfere with the teaching and educational philosophies of such schools," the arguments aid.

The First Amendment's Religion Clause also prevents state anti-discrimination laws based on moral behavior from applying, the attorneys argued.

The school, in Wildomar, Calif., set its standards, and provided them to students and parents before they enrolled. They include a rule that students may be expelled for "Immoral conduct … (or) scandalous conduct on or off campus which is a serious violation of Christian behavior."

The students, identified in the lawsuit as Jane Doe and Mary Roe, were expelled in September 2005 for "engaging in homosexual conduct in violation of the Christian Code of Conduct, including but not limited to, posing for pictures in suggestive sexual positions."

The lawsuit was filed shortly after.

The AFBO seeks to become a part of the case "on behalf of its member private religious schools … and its members the Council for Christian Colleges and Universities and the Association of Christian Schools International." AFBO member schools include Biola University, The Master's College, Point Loma Nazarene University and Simpson University.

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