Dec 10
Supreme Court to hear Christian Legal Student’s Case
SUPREME COURT TO HEAR CHRISTIAN LEGAL STUDENTS’ CASE
A Christian student organization at a California law school is being denied campus recognition because the students chose to exclude nonbelievers and sexually immoral people from membership. The US Supreme Court on Tuesday agreed to hear their case, which pits freedom of religion against campus antidiscrimination policies.
The Christian Legal Society chapter at Hastings College of Law in San Francisco was denied recognition by the college because it requires voting members and officers to agree to a basic statement of faith. The group excludes nonbelievers, as well as anyone who “advocates or unrepentantly engages in sexual conduct outside of a marriage between a man and a woman” from becoming a voting member or officer of the group. This obviously excludes both heterosexual and homosexual sexual activity outside of marriage, and the group’s exclusion of gays has become the main focus of the issue in San Francisco and the major media.
In legal briefs filed with the Supreme Court, the Christian Legal Society said its mission “is to maintain a vibrant Christian law fellowship” aimed at fulfilling “Christ’s mandate to love God and to love their neighbors as themselves.” The Christian student organization found that because it sought to include only practicing Christians as members, it was denied a meeting spot on campus. Being denied official status also means the group cannot place announcements in the school newsletter or on bulletin boards, nor can the members apply for funds for travel or activities.
According to Hastings, the college “encourages tolerance, cooperation and learning among students of different backgrounds and viewpoints,” and will not recognize a student organization that violates the campus antidiscrimination policy.
The Christian Legal Society explained in legal briefs that “a sexually immoral lifestyle is inconsistent” with its core principles. The whole point of the group is to have Christian law students gather to support one another and deal with issues that are important to Christians. While nonbelievers may be free to come in and attend meetings, they cannot become members and vote on issues.
It makes sense that organizations formed by specific groups of people should be free to decide who should be included in their membership. For example, if Samoan women want to form a group to deal with issues important to them, they can reasonably exclude all non-Samoans and males from becoming active members of their group. The point is to form a group of support for the needs of Samoan women. Christian law students who want to support each other can reasonably seek to invite only like-minded people into their organization.
The US Supreme Court has already voted in favor of the freedom of association in the past. In Boy Scouts of America et al. v. Dale (2000), the Supreme Court ruled that private organizations are free to exclude anybody they choose. The Supreme Court also ruled in Board of Education of Westside Community Schools v. Mergens (2000) that religious groups are to be treated the same as any other student led organizations, with the same rights to use school media to advertise their activities, etc. Public schools are not to engage in viewpoint discrimination.
This situation is a little different, since the Christian Legal Society chapter in question is at a public university, and full recognition of the group would mean it would have access to school funds to support its activities. How these cases will apply in the current situation is to be seen. The Supreme Court will likely hear arguments on the case in March 2010.
Related Links:
• Christian Group Rebuffed by School Gets Court Review - Bloomberg
• Court To Rule On Christian Group’s Policy - The Washington Post
• Board of Education of Westside Community Schools v. Mergens - Oyez
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