Doe

Defendant California Lutheran High School Association (the School) owns and operates a private religious high school. It expelled plaintiffs Jane Doe and Mary Roe on the ground that they had a homosexual relationship, in violation of the School’s “Christian Conduct” rule. Plaintiffs then sued the School and its principal, the Reverend Gregory R. Bork, alleging, among other things, that the School had discriminated against them based on sexual orientation, in violation of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.).

The trial court entered summary judgment in favor of defendants, ruling, in part, that the School was not a “business enterprise” and therefore not subject to the Unruh Civil Rights Act. Plaintiffs appeal. In the published portion of our decision, we will affirm this ruling. In the unpublished portion of our decision, we find no other error. Hence, we will affirm the judgment.

I

FACTUAL BACKGROUND

A. Preliminary Statement.

Because this is an appeal from a summary judgment, we draw the following facts from the moving and opposition papers in connection with defendants’ motion for summary judgment. We accept all facts listed in defendants’ separate…