Monday, June 28, 2010

Supreme Court Rules 5-4 in Christian Legal Society v. Martinez: Violate Your Public School's Nondiscrimination Policy & No Tax Dollars for You

     In April I wrote of an upcoming U.S. Supreme Court decision that could go either way.  Today, the Court ruled 5-4, turning away the appeal of a case of the Christian Legal Society which sued the University of California's Hastings College of the Law in an attempt to get university funding for their religious group that bars homosexual from membership and violates the law school's nondiscrimination policies.  What a pleasant Monday morning surprise!

     The U.S. Supreme Court has ruled 5-4 that a Christian student group that bars LGBT members and their allies cannot receive official recognition and funding from a public law school.  The case, Christian Legal Society v. Martinez, centered on the Christian Legal Society at the University of California Hastings College of Law. The student group refused membership to LGBT individuals and those who advocate for them, and sued when the university denied institutional support to the group in response.
     “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.”
     Justice Ruth Bader Ginsburg, who delivered the majority opinion, wrote that CLS sought a “preferential exemption” from the university's all-comers policy. The judgment said that the group's First Amendment rights were not violated by the public college's decision... Ginsburg was joined in the opinion by justices Stevens, Kennedy, Breyer, and Sotomayor. Justices Alito, Roberts, Scalia, and Thomas dissented.


Doorman-Priest said...

An excellent judgement for common sense.