For a state that prides itself on being a beacon of progress in American politics, California seems intent on proving it can be just as backwards as everyone else, at least when it comes to gay rights. A California appeals court ruled this week that California Lutheran High School didn’t violate the law when it expelled two students it suspected of being lesbians, determining that the state’s civil rights laws don’t apply to private religious schools. According to the San Francisco Chronicle:

The ruling is the first to consider a religious school’s status under California's Unruh Civil Rights Act, which forbids discrimination by businesses and was amended in 2005 to include discrimination based on sexual orientation. State education law also forbids anti-gay bias, but that law applies only to public schools.

The court determined that California Lutheran didn’t qualify as a business and therefore wasn’t bound by the act. The school’s lawyer applauded the ruling, telling the Chronicle that the court rightly recognized their right to exercise freedom of religion. But Kirk Hanson, an attorney for the expelled girls, told the L.A. Times that the “very troubling” decision essentially gave private schools carte blanche to discriminate against students for any reason, as long as they could defend their actions on religious grounds. The Times reports that the girls plan to take their case to the California Supreme Court.

Forget the culture war, Ann Friedman argues in the latest issue of the American Prospect. Gay rights are a civil-rights issue. And that means the fight can’t wait around for culture to catch up.

The proof came on November 4th. Amidst hosannas from progressives celebrating Barack Obama’s victory, four state ballot initiatives successfully blasted gay rights in California, Florida, Arizona, and Arkansas.

In the wake of those votes, Friedman launches an eloquent call to action: 

Culture changes slowly. This is something I've heard a lot in the wake of the passage of California's Proposition 8, which bans same-sex marriage. "History is on our side! Don't worry, the demographic trends are with us!"

I'm sorry, but that's just not good enough. These are the kind of conciliatory comments that go part and parcel with the culture-war frame. Civil-rights era activists knew history was on their side. But their goal was not to make every white American comfortable with the idea of sharing public spaces and power with people of color. It was to guarantee people of color those rights, regardless of where the culture stood. That's the thing about rights. You have to claim them.

We won't win victories on LGBT rights as long as we see the issue as part of a liberal--versus-conservative war. If we're at war, it's not with conservatives. Our enemy is not James Dobson or Sarah Palin. It is the sadly accepted notion that anti-gay measures are shoo-ins on the ballot, and that same-sex couples just have to sit tight for a decade or two and wait for public opinion to catch up.

A civil-rights frame is not only more proactive -- because it doesn't allow progressives to swaddle themselves in comforting demographic trends -- it is more persuasive. It is also less divisive. The very act of invoking the term "culture war" signals that we think something is controversial, when in fact, equal rights should be the furthest thing from it.