if it's a school that does not receive federal money you can set up a school of any kind you want
New York City has done what many of us would have considered unthinkable just a few months ago – announced plans for the first taxpayer-funded, all-homosexual high school.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=33805
Don't get me wrong, I rejoyced when the supreme court made it's decision on the Texas sodomy law. I think you should be able to do whatever you want with whomever you want in your own bedroom. But I don't think that a tax payer funded high school for whites, blacks, homosexuals, short people, cross dressers, or whoever is constitutional.