SAN FRANCISCO, Jan. 28 (UPI) -- A California appeals court says a church school has the right to expel two homosexual students because the school isn't a business.

The 4th District Court of Appeal in San Francisco said California's non-discrimination law applies to businesses and that Lutheran High School in Riverside was within its rights to kick out two girls.


The Los Angeles Times said Wednesday that the attorneys for the girls planned to appeal the ruling to the California Supreme Court.

The lawyers also said the ruling could justify any other type of discrimination by private schools as long as religious beliefs were cited.

"Basically, this decision gives private schools the license to discriminate," said attorney Kirk Hanson.

The Times said the two plaintiffs were 16 at the time they were expelled and have moved on to college. They have declined to comment on their sexual orientation.

The newspaper said the school expelled them after administrators determined their best-friends relationship was "characteristic of a lesbian relationship."