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Court Rules Against Christian Student Group


COURT LAW RELIGION CHURCH X390 (GETTY) | ADVOCATE.COM

The U.S. Supreme Court has ruled 5-4 that a Christian student group that bars LGBT members and their allies cannot receive official recognition and funding from a public law school.

The case, Christian Legal Society v. Martinez, centered on the Christian Legal Society at the University of California Hastings College of the Law. The student group refused membership to LGBT individuals and those who advocate for them, and sued when the university denied institutional support to the group in response.

According to the Associated Press, “The court on Monday turned away an appeal from the Christian Legal Society, which sued to get funding and recognition from the University of California's Hastings College of the Law.

“The CLS requires that voting members sign a statement of faith and regards ‘unrepentant participation in or advocacy of a sexually immoral lifestyle’ as being inconsistent with that faith.”

Justice Ruth Bader Ginsburg, who delivered the majority opinion, wrote that the legal society sought a “preferential exemption” from the university's all-comers policy. The judgment said that the group's First Amendment rights were not violated by the public college's decision.

“In accord with the District Court and the Court of Appeals, we reject CLS’s First Amendment challenge,” wrote Ginsburg. “Compliance with Hastings’ all-comers policy, we conclude, is a reasonable, viewpoint-neutral condition on access to the student-organization forum. In requiring CLS — in common with all other student organizations — to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations. CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings’ policy. The First Amendment shields CLS against state prohibition of the organization’s expressive activity, however exclusionary that activity may be. But CLS enjoys no constitutional right to state subvention of its selectivity.”

Ginsburg was joined in the opinion by justices Stevens, Kennedy, Breyer, and Sotomayor. Justices Alito, Roberts, Scalia, and Thomas dissented.

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Reader Comments
  • Name: Kay Sherwood
    Date posted: 7/1/2010 3:08:43 PM
    Hometown: Lynden, WA

    Comment:

    I hope that all the christians will want to join the gay legal club @ the college. Watch what happens, when the gay legal club denies membership to the christians based upon their 'gay friendly' membership rules. I hope the christians @ the law school file a lawsuit against the gay legal club based upon religious discrimination if/when it does happen!!

  • Name: Will
    Date posted: 6/30/2010 11:53:59 AM
    Hometown: Michigan

    Comment:

    Although I think Qwertz is completely wrong with the rest of his statement (which doesn't have anything to do with the specificity of this article anyway), he or she is completely right with the initial statement, and the Advocate is wrong (to the best of my knowledge): "The Court did not rule that student groups at public law schools must include all comers in order to receive funding, as this article suggests. Instead, the Court held that the school's existing policy, which denied the Christian group funding because it excluded gays, was not unconstitutional under the First Amendment. It said nothing that can be interpreted to require all public law schools to have similar policies." All it is saying in the ruling is that a college or university with certain inclusive standards and the like has the right to deny funding and recognition to those that don't adhere to its own- legal- policies. This is not the same as saying all universities must do the same. Still a good decision.

  • Name: Freddie McMertz
    Date posted: 6/30/2010 4:16:42 AM
    Hometown: Poodle Farts, Montana

    Comment:

    "How do those guys (and they are, of course, all guys - Roberts, Thomas, Scalia and Alito) hold themselves out as serious scholars of the law? I would love to understand their rationale and how they were able to support their vote in favor of the CLS." The same way that they could hand the U.S. Presidency to George W. F*cktard. THEY'RE ACTIVIST JUDGES!

  • Name: Clinton
    Date posted: 6/28/2010 9:58:09 PM
    Hometown: San Antonio, TX

    Comment:

    Re Qwertz: I've heard this ill-conceived idea from Libertarians before. It's the reason I left the Libertarian Party. Were this to ever become reality, I need only look 13 or so years into the future to see this is a very bad idea. I grew up in the "Bible Belt" maybe that's why I see this a problem. Imagine a generation that has grown up in a religious or possibly even a racially-segregated school. They, quite likely, have never had to work with, or even possibly met, someone who disagreed with them on fundamental issues. Now they have to integrate into a work force which will include Jews, Muslims and atheists, as well as cohabitating couples and GLBT people. You think our country is divided now? This is why, even as a childless, single gay man, I'm fine with my property tax dollars going to support public education, which at least will expose them to some diversity.

  • Name: Jay
    Date posted: 6/28/2010 7:28:48 PM
    Hometown: Santa Monica

    Comment:

    Qwerty completely distorts what the Supreme Court ruled. It said that schools have the right to insist that its nondiscrimination policies are observed and that groups like the Christian Legal Society cannot force all students to fund their club if all students cannot become members of the club. A very important ruling. The Christian Legal Society can continue to require that all members be heterosexual and believe as they do, but they cannot expect the law school to pay for their events if gay people and nobelievers are excluded.

  • Name: Mike S.
    Date posted: 6/28/2010 7:16:16 PM
    Hometown: Gurnee, IL (Seoul, South Korea)

    Comment:

    qwerty, This article didn't suggest that the SCOTUS ruling required the group to "integrate." In fact, this article included the exact line in the majority ruling that expressly stated just the opposite. I think this is the exact ruling everyone should have been hoping for in this case. It is legally just and doesn't seek to discriminate against "us" or "them."

  • Name: Qwertz
    Date posted: 6/28/2010 4:55:39 PM
    Hometown: Key Midwestern Swing State

    Comment:

    The Court did not rule that student groups at public law schools must include all comers in order to receive funding, as this article suggests. Instead, the Court held that the school's existing policy, which denied the Christian group funding because it excluded gays, was not unconstitutional under the First Amendment. It said nothing that can be interpreted to require all public law schools to have similar policies. The Court was wrong in this instance. The very existence of public education violates everyone's right to free speech. As long as the government is able to hand out taxpayer dollars to preferred groups on the basis of those groups' personal beliefs, the First Amendment will constantly be under attack. Free speech and public education are irreconcilable, and one of them must be abolished.

  • Name: Tricia C.
    Date posted: 6/28/2010 4:34:21 PM
    Hometown: Omaha, NE

    Comment:

    Hey Advocate, the Christian Legal Society is nondenominational, so it's a bit misleading to have a Catholic crucifix in the illustration.

  • Name: Tedd
    Date posted: 6/28/2010 3:35:04 PM
    Hometown: TAMPA BAY

    Comment:

    During the cultural revolution in China, the ruling elite were deemed the "Gang of Four." Hell, we've got our own Gang of Four in Roberts, Scalia, Thomas, and Alito. The cultural reactionaries of the 21st century.

  • Name: Midtown Atlanta Mark
    Date posted: 6/28/2010 3:22:29 PM
    Hometown: Midtown Atlanta

    Comment:

    How do those guys (and they are, of course, all guys - Roberts, Thomas, Scalia and Alito) hold themselves out as serious scholars of the law? I would love to understand their rationale and how they were able to support their vote in favor of the CLS. They are either stupid (which, frankly, I doubt with the possible exception of Thomas who I think is genuinely an idiot) or they are being intellectually dishonest (Bingo!). Would they have voted similarly had the CLS voted to ostracize blacks (Thomas? What say you?) or Italians (Alito? What say you?). Precisely the same concept. Different discrimination! Disgusting. Good ruling but disgusting that the Chief Justice of the United States of America would vote thusly.



 
 
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