On The Front Lines
Supreme Court Denies Christian Student Group the Right to Freely Associate with Fellow Believers on Campus
WASHINGTON, DC -- The U.S. Supreme Court has refused to safeguard the right of a Christian university student group to freely associate with fellow believers who subscribe to their religious beliefs about sexual conduct outside of marriage.
In a 5-4 ruling in Christian Legal Society v. Martinez, the Supreme Court declared that the University of California Hastings Law School's non-discrimination policy was a reasonable, viewpoint neutral regulation that did not unconstitutionally infringe upon the rights of the school's chapter of the Christian Legal Society (CLS). However, in a dissenting opinion, Justice Samuel Alito warned that "the Court arms public educational institutions with a handy weapon for suppressing the speech of unpopular groups--groups to which, as Hastings candidly puts it, these institutions 'do not wish to...lend their name[s].'"
The Rutherford Institute had filed an amicus brief with the Court in Christian Legal Society v. Martinez, citing the concern that "with this sort of compelled choice and censorship, and interference with the governance of a religious organization, all groups and members of the academic community are at risk and their rights, chilled and diminished." A copy of the Institute's brief is available here.
"The Supreme Court has now enshrined political correctness as a central tenet in American society and in American university life," said John W. Whitehead, president of The Rutherford Institute. "This decision is yet another broad-sided attack on the First Amendment, especially religious freedom. It will force well-meaning groups to abandon the tenets of their faith in order to be granted the same privileges and freedoms afforded to other campus groups and organizations. If not, they will face discrimination."
In 2004, a Christian student group at the University of California, Hastings College of Law joined the National Christian Legal Society (CLS), which requires its member organizations to adopt a specified set of bylaws, which include provisions prohibiting individuals from being officers or full members of the organization who are not of the Christian faith or who conduct themselves in a manner not in accord with Christian tenets.
Specifically, although all students are free to participate in CLS activities, students must affirm orthodox Christian beliefs and disavow "unrepentant participation in or advocacy of a sexually immoral lifestyle" in order to become voting members or assume leadership positions. After CLS refused to recant its core beliefs, school officials banned the group from having access to simple school resources and forums, which are available to other student organizations. The Ninth Circuit Court of Appeals ruled against CLS in March 2009.
The Supreme Court's majority opinion, authored by Justice Ruth Bader Ginsburg, ruled that Hastings' nondiscrimination policy was entitled to deference from the Court in light of the experience of educators in addressing educational matters. It held that the school had identified facially legitimate purposes for the policy by asserting the need to make the leadership, educational and social opportunities of student organizations available to all students and to bring together persons of diverse backgrounds.
Ginsburg's opinion went on to rule that the policy was viewpoint neutral because "Hastings' all-comers requirement draws no distinction between groups based on their message or perspective."
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