Can school cut off group that won’t accept gays?
July 6, 2010 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
A school’s nondiscrimination policy clashed head-on with a Christian student group’s membership requirements. A divided U.S. Supreme Court ruling resolved the question in favor of …
The Hastings College of Law encourages students to form extracurricular associations, and it has a Registered Student Organization (RSO) program that extends official recognition to school-approved student groups.
Groups that qualify as RSOs get access to funding and other benefits, such as use of school facilities. But they can’t be approved unless they agree to comply with the school’s nondiscrimination policy – which bars discrimination based on, among other things, sexual orientation.
A student group called the Christian Legal Society’s bid for approval as an RSO hit a snag because it requires members to sign a “Statement of Faith” and excludes people who engage in “unrepentant homosexual conduct.”
The school refused to recognize the group as an RSO because it barred students based on their religion and sexual orientation. The group sued, claiming violation of its constitutional rights to free speech, freedom of association and freedom of religion.
But the U.S. Supreme Court ruled for the school. It said the policy is reasonable and viewpoint-neutral, adding that it ensures that the opportunities afforded by RSOs are available to all students.
Cite: Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez.
Did the Court get it right? Tell us what you think in the comments section below.
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Tags: freedom of association, freedom of religion, freedom of speech, nondiscrimination policies, U.S. Supreme Court
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July 7th, 2010 at 4:38 pm
On the one hand this might seem like an infringement on religious liberty, but in fact it appears to UPHOLD the constitutional concept of freedom of association. The student organization is a subset of the college, and the college has the right to establish rules for the behavior of its faculty, employees, students, and campus visitors. The campus club was attempting to establish rules that contradicted the college’s policy and the college had the right to enforce that policy, since the students had freely chosen to associate with a college that prohibited clubs from imposing lifestyle restrictions of this type.
Hopefully this SCOTUS ruling will not be misinterpreted to preclude clubs at colleges whose policies permit clubs to restrict the behavior and lifestyles of their members from organizing.