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Supreme Court Rules Against Christian Group That Bans Gays

by Boo Jarchow | Article Date: 06/28/2010 4:15 PM
Supreme Court Rules Against Christian Group That Bans Gays
 

A university can legally deny recognition to a Christian student group that bars gays and nonbelievers, the U.S. Supreme Court ruled on Monday in a case that pitted anti-discrimination principles against religious freedom, Reuters is reporting.

Supreme Court justices upheld a U.S. appeals court ruling, with a 5-4 vote, in favor of the University of California's Hastings College of Law, legally denying recognition to a Christian student group that does not allow gays or nonbelievers. The Christian Legal Society was denied because membership should be open to all, as stated by school policy.

The Christian Legal Society argued that the U.S. Constitution does not permit a school to deny recognition to a religious group that requires members to agree with its views. Members of the group must sign a statement vowing devotion to Jesus Christ, and bans applicants with what the group defines as a "sexually immoral lifestyle," including lesbians and gays.

The group was founded in 1961, and has law student chapters nationwide with members holding Bible studies and meetings to discuss how to apply their religious faith to law practice. The Hastings College of the Law chapter was originally open to all students. In 2004, it began requiring endorsement of a statement of faith by all members, an barring anyone engaged in "unrepentant sexual conduct."

The state-run law school cited their anti-discrimination policy, withdrew official recognition, but continued to permit the group to hold meetings on campus. According to school policy, official campus groups cannot exclude people due to religious belief, sexual orientation or other reasons. Official recognition qualifies campus groups for funding, among other benefits.

A federal judge followed by a U.S. appeals court ruled in favor of the school, maintaining that the policy was reasonable and in no way violated rights of the Christian group. The Supreme Court agreed in a majority opinion written by Justice Ruth Bader Ginsburg.

"In requiring CLS - in common with all other student organizations - to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations," Ginsburg wrote in the opinion. 

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