Two Oahu churches being sued for allegedly underpaying the state Department of Education for using school facilities for religious services are appealing a state judge’s refusal to throw out the lawsuit.

Hawaii Citizens for the Separation of Church and State founder Mitch Kahle and his wife, Holly Huber, are suing One Love Ministries and Calvary Chapel Central Oahu on behalf of the state. Kahle and Huber claim One Love Ministries underpaid Kaimuki High School $930,000 and Calvary Chapel underpaid Mililani High School $171,000 by using the school facilities for longer periods than what they claimed on their applications.

In May, Circuit Judge Virginia Crandall denied the churches’ request to dismiss the lawsuit but allowed the churches to appeal. Last month she agreed to stay the proceedings should the churches appeal.

In addition to the two churches, Kahle and Huber filed suit in March 2013 against New Hope Oahu, New Hope Hawaii Kai and New Hope Kapolei. The churches’ denomination, International Church of the Foursquare Gospel, later agreed to pay a $775,000 settlement.