RIGHTS OF CHRISTIAN GROUPS ON CAMPUS CHALLENGED IN U.S. COURT

July 2010

APN Newsletter

In 2004, the University of California's Hastings College of Law in San Francisco deregistered the campus group Christian Legal Society (CLS) after it was deemed to have violated the College's non-discrimination policy with regard to religion and sexual orientation. In 2004, CLS amended its bylaws to mandate that members (i.e. those with voting rights and leadership eligibility) must be able to sign a statement of faith and conduct. According to Hastings College, this provision violated the equality rights of practicing homosexuals and non-Christians.

CLS sued Hastings College on the grounds that their non-discrimination policy violated CLS' right to freedom speech and freedom of association, that is, the constitutionally guaranteed freedom to form around shared beliefs. In April 2006, a federal district court ruled against CLS in favour of Hasting College.  In March 2009, the U.S. Court of Appeals upheld that decision. When the Supreme Court heard CLS' petition on 19 April 2010, the bench was split down the middle.

CLS chapter President Ryan Elder said anyone is welcome to attend the group's meetings, but homosexuals and lesbians, and those who practice sex outside of marriage, may not be voting members. "If our Christian group is led by people who don't believe in Christianity, then we cease to have a defining voice to express our core religious beliefs," Elder explained. Lawyer Michael W. McConnell, told the court: "If Hastings is correct, a student who does not even believe in the Bible is entitled to demand to lead a Christian Bible study. That must not be so"

One conservative judge Justice Antonin Scalia expressed concern that, "Under the school's rules, Republicans could join the campus Democratic club and vote themselves control, or otherwise undermine its mission. To require this Christian society to allow atheists not just to join, but to conduct Bible classes...that's crazy."  The Court is expected to hand down it's judgement within days. At stake is the freedom of all US student groups to choose leaders who share their beliefs.

Source: Intercessors for America