Christian Legal Society Case

In what kind of a world does a Christian group not have the right to restrict its membership to practicing Christians?  According to the United States Supreme Court: in today's world.

In a 5 to 4 decision, the U.S. Supreme Court ruled that a law school can legally deny recognition to a Christian student group that will not let non-Christians or people engaging in a "sexually immoral lifestyle" exercise control over the group by becoming voting members or leaders.

This case, Christian Legal Society vs. Martinez, has received so much attention because the Christian Legal Society's guidelines kept openly-practicing homosexuals from joining the group.  California's Hastings College of the Law insisted its anti-discrimination policy would not allow it to fund or provide meeting space for groups that exclude people due to religious belief or sexual orientation.

Under the Court's reasoning Jewish groups would be open to Muslim leadership.  Campus Republicans could not be prevented from becoming leaders of the Young Democrats. Democrats could not be excluded from the Young Republicans.  The Law school could have one big mushy political group that doesn't believe anything!

In his dissent, Justice Samuel Alito wrote, "....the Court arms public educational institutions with a handy weapon for suppressing the speech of unpopular groups...."   He called the decision "a serious setback for freedom of expression in this country." And, as if speaking for the entire Christian legal community, Justice Alito wrote, "I can only hope that this decision will turn out to be an aberration."

The Court's decision is fairly narrow.  Kim Colby, Senior Counsel for the Christian Legal Society, who argued the case with the help of the Alliance Defense Fund, says the ruling will have limited impact. 

The opinion is confined to the unusual policy at Hastings which forces student groups to allow outsiders who disagree with their beliefs (and, really, oppose their goals) to join and run for leadership positions. Very few schools have this "all comers policy" which requires groups to open all positions to all students.

ADF's Senior Counsel Jordan Lorence says, the schools that have such a policy often apply it inconsistently.  He told reporters, "Groups that have nothing to do with religion---environmentalist groups, homosexual groups, feminist groups, etc--they are allowed to kick out members who disagree with their message."  ADF Counsel Greg Baylor says this decision does place other student groups at risk and there will be more litigation on these non-discrimination policies.

It is likely this ruling is not the last word on this subject.  ADF's Lorence says, "This isn't even a loss...in that we've lost the issue.  It's that the Supreme Court has basically kicked it down the road for another day."

But once again "non-discrimination" against homosexual behavior trumps religious freedom. ADF Attorney David French worries that the Supreme Court's reasoning in this case could mean that the liberties of churchgoing Americans are in danger.

Constant vigilance is necessary.