High Court Rules Against Campus Christian Group

Report Read time:
High Court Rules Against Campus Christian Group

A divided Supreme Court today ruled, 5-4, that a public law school can deny recognition to a student group that excludes gays and lesbians. The Court said the school could enforce a policy requiring official student organizations to accept all students who want to join.

The case, Christian Legal Society v. Martinez, arose in 2004 when a chapter of the Christian Legal Society (CLS), a nationwide, non-denominational organization of Christian lawyers, judges and law students, asked to register as an official student group at the University of California's Hastings College of Law. Groups that are officially recognized by the school enjoy certain privileges, including access to school facilities and the opportunity to apply for school funding. But CLS membership requirements effectively bar non-Christians and non-celibate gays and lesbians from becoming voting members or assuming leadership positions, which conflicts with the law school's stated policy of requiring registered student groups to accept any students as members. After Hastings refused to exempt CLS from the policy – known as the “all-comers” policy – the group sued the law school, claiming the policy violated the group's First Amendment rights to free speech, freedom of association and freedom of religious expression. Two lower federal courts sided with Hastings, and CLS appealed to the Supreme Court, which heard oral arguments in the case on April 19, 2010.

The case was widely viewed as a contest between the right of free association and non-discrimination policies. In its ruling, however, the court did not resolve any broad questions raised by this conflict. Instead, the majority handed down a narrowly tailored decision that upheld the specific policy of Hastings Law School – the “all-comers” policy – as long as it is applied in an evenhanded manner.

Read the full report, High Court Rules Against Campus Christian Group on the Pew Forum on Religion & Public Life's Web site.

America’s Overdose Crisis
America’s Overdose Crisis

America’s Overdose Crisis

Sign up for our five-email course explaining the overdose crisis in America, the state of treatment access, and ways to improve care

Sign up
Quick View
America’s Overdose Crisis

America’s Overdose Crisis

Sign up for our five-email course explaining the overdose crisis in America, the state of treatment access, and ways to improve care

Sign up

MORE FROM PEW

About a dozen people stand examining large blue bins full of whole fish in a warehouse. Some people are in green clothes, others in blue, and all wear ballcaps. A few hold clipboards. Reducing Risk Strengthens the Seafood Supply Chain
A worker in a seafood market dumps bright orange shrimp from a blue bin onto a bed of ice between a lot of other seafood laid out for sale. Other workers are visible in the background, as are the arms of shoppers placing orders from the other side of the ice bed. Seafood Industry Benefits From Greater Vessel Transparency
An aerial view of a vast wetland, with scattered vegetation visible on sandy islands. In Western Australia, a Conservation Model for the World
A presentation being given by a businesswoman to a group of participants at a business conference. Four Plan Features Can Boost 'Retirement Readiness'
Composite image of modern city network communication concept

Learn the Basics of Broadband from Our Limited Series

Sign up for our four-week email course on Broadband Basics
Quick View

How does broadband internet reach our homes, phones, and tablets? What kind of infrastructure connects us all together? What are the major barriers to broadband access for American communities?

Pills illustration
Pills illustration

What Is Antibiotic Resistance—and How Can We Fight It?

Sign up for our four-week email series The Race Against Resistance.
Quick View
Pills illustration

Antibiotic-resistant bacteria, also known as “superbugs,” are a major threat to modern medicine. But how does resistance work, and what can we do to slow the spread? Read personal stories, expert accounts, and more for the answers to those questions in our four-week email series: Slowing Superbugs.