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Christian group can't bar gays and get funding

By The Associated Press
06.28.10

WASHINGTON — An ideologically split Supreme Court ruled today that a law school can legally deny recognition to a Christian student group that won't let gays join.

The Court rejected the Christian Legal Society’s effort 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.

But Hastings officials said no recognized campus groups may exclude people due to religious belief or sexual orientation.

The Court voted 5-4 to uphold lower court decisions which found that the Christian group's First Amendment rights of association, free speech and free exercise were not violated by the college's decision.

"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," said Justice Ruth Bader Ginsburg, who wrote the majority opinion in Christian Legal Society v. Martinez for the Court's liberals and moderate Anthony Kennedy. "CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings' policy."

Justice Samuel Alito wrote a strong dissent for the Court's conservatives, saying the opinion was "a serious setback for freedom of expression in this country."

"Our proudest boast of our free speech jurisprudence is that we protect the freedom of express 'the thought that we hate,'" Alito wrote in the 36-page dissent. "Today's decision rests on a very different principle: no freedom of expression that offends prevailing standards of political correctness in our country's institutions of higher learning."


Previous
High court hears Christian group's challenge to campus bias rules
Christian Legal Society claims University of California law school violated its freedoms of speech, religion and association when it was denied recognition as student group. 04.19.10

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By Tony Mauro 7th, 9th Circuits disagree about whether religious groups can be forced to accept members who don't share their beliefs. 12.08.09

High court questions scope of campus policy on student clubs

By Tony Mauro While hearing religious group's challenge, justices express frustration as to whether law school really has 'all-comers' policy. 04.20.10

High court's Christian Legal Society ruling already making waves
By Tony Mauro Opponents of California Proposition 8 ballot initiative banning same-sex marriage invoke the ruling in the trial on the proposition. 07.01.10

Christian group's case marshals past plaintiffs
By Tony Mauro Unusual Supreme Court brief filed on behalf of others who claimed religious discrimination at public universities. 02.11.10

At the high court, balancing religious freedom and nondiscrimination
By Charles C. Haynes Law school is discriminating against Christian club in the name of combatting discrimination. 04.25.10

Treatment of Christian campus group doesn’t pass smell test
By Charles C. Haynes Beyond the setback for religious freedom, the Court’s decision is a body-blow to freedom of association. 07.04.10

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