RIVERSIDE, Calif. (AP) – A judge refused to dismiss a lawsuit filed by two teenagers expelled from California Lutheran High School because of their alleged lesbian relationship.

Attorneys for the Wildomar school told Superior Court Judge Gloria Connor Trask on March 27 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.

The teenagers alleged in the lawsuit that Bork believed third-hand information that they were lesbians. He then proceeded to interrogate each student in a windowless room for hours and prevented them from calling parents, the suit said.

The lawsuit against the school and Bork alleged false imprisonment, violation of fair business practices, invasion of privacy and discrimination based on sexual orientation.

“There wouldn’t even be a question if this school had done this based on the color of their skin,” Hanson said outside the courtroom. “Once the school started accepting tuition money, they became a business. Simple as that.”

Trask ruled last week that the suit should continue, but she dropped one count alleging the school blocked the teens’ chance for their pursuit of happiness.

Trask also said a request of $25,000 in punitive damages won’t be included in the suit. Hanson said the teens could request damages in later court proceedings.