Doe v. California Lutheran High School Assn

Rick's post about Doe v. California Lutheran notes that the case is an important religious freedom decision. It is important to note that the decision protects religious freedom indirectly. The California court of appeals concluded that a Lutheran school was not subject to California's anti-discrimination law because the school wasn't a business. The court's holding was based on statutory grounds and it appears that the school did not even raise the argument that the state law would violate its religious freedom if the state law were interpreted to apply to the school and to prohibit the school from taking the disciplinary action in question. The court noted that the school did not raise a religious freedom argument because recent California Supreme Court decisions would not have supported the argument for a constitutionally compelled exemption.

Interpreting the statute not to cover the religious school does protect the school's freedom to act, but the decision makes it clear that this is not a matter of constitutional law but as a matter of legislative grace.

Richard M.