Christian Group Going to Supreme Court for Right to Flout Rules
I heard a story on NPR on the way in to work this week. A case is being brought to the Supreme Court by a student group, the Christian Legal Society, against the Hastings College of the Law in San Francisco. The university has had a long standing policy that in order to be officialy recognized by the university and receive public funding, student groups could not restrict membership on any basis. The local Christian Legal Society (CLS) at the university had for many years followed that policy, but in 2004, when it joined the National Christian Legal Society, it changed its rules to exclude homosexuals or those engaging in pre-marital sex. The university enforced its policy, and revoked its official endorsement of the CLS.
Well, the CLS didn't like that, so they're claiming discrimination. They want to be exempt from the rules because they claim that the rules infringe on their religious rights. To be clear, the university did not ban the CLS from convening on campus, or ban students from joining the CLS, and did not even stop the CLS from using university facilities. They just didn't officially endorse the CLS and give it the stipend that official organizations receive.
I see two issues here - receipt of public funds, and official recognition from the university. I don't see that the CLS has a leg to stand on concerning public funds, and I really don't see that they have much more of a case concerning official recognition. To be affiliated with a public institution, you have to follow the public rules. If you want a private club that excludes members for whatever reason, that's fine. Just don't expect to use my tax dollars to pay for your club, and don't whine when a university won't advertise for you.
(This reminds me of the whole brouhaha during the election season, when churches wanted to endorse candidates but keep their tax exempt status. You don't get to break the rules just by playing the religion card.)
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