Back in December I posted about two students who filed suit against the California Lutheran High School Association after being expelled from California Lutheran High School because of their alleged lesbian relationship.

On Monday, Superior Court Judge Gloria Connor Trask refused to dismiss the lawsuit. She dropped one count, the allegation that “the school blocked the teens’ chance for their pursuit of happiness,” of the seven included in the suit and denied a request of $25,000 in punitive damages, but the lawsuit will now continue on, still including allegations of “false imprisonment, violation of fair business practices, invasion of privacy and discrimination based on sexual orientation.”

Attorneys for the Wildomar school told Superior Court Judge Gloria Connor Trask on Monday that the school is a private, religious organization and the suit should be thrown out. Trask allowed the suit to continue, although she did throw out one of the seven counts.

Plaintiffs attorneys Kirk Hanson and Mike Grace, who represent the girls in the lawsuit filed Dec. 15, said they want a jury trial.

“We think members of this community would be anxious to hear this kind of a case,” Hanson said outside the courtroom. “Parents, grandparents, and anyone involved in the life of a child would not want a school engaging in this type of behavior.”

School attorney John McKay was disappointed.

“This is clearly a First Amendment issue and my clients had the right to do what they did,” McKay said.

School principal Gregory Bork acted on suspicion when he suspended the juniors in September for having a lesbian relationship, court documents show. The school’s board of directors ultimately expelled them.

Bork wrote in a letter to the parents that he was upholding the school’s religious values and keeping the girls from sin, documents show.

The names of the girls and their parents weren’t disclosed. Attorneys would not say whether the girls are lesbians.