It doesn’t feel very good to be excluded from anything – be it not getting picked for a sport team or not being included in a selective club or organization, rejection hurts. But what about when that rejection is not a reflection of your abilities or talents but because of discrimination? Such is the case in a recent Supreme Court decision about a Christian student group who excluded homosexuals and nonbelievers from voting or holding leadership positions within the club. Some say the case puts anti-discrimination principles up against religious freedom. Where do you stand in the case?
As part of Hastings College of Law within the University of California, the Christian Legal Society (CLS) did not follow school policy that forbids discrimination on grounds of religion and sexual orientation. Compliance of these rules is required of all recognized student groups to receive funding from the school. After the CLS refused to follow the rules, the school of law withdrew its association from the club and shortly after the groups went to court.
Christian Legal Society v. Martinez went all the way to the Supreme Court where in a 5-4 ruling, the court decided that the law school can legally deny recognition and funding to the Christian student group. Justice John Paul Stevens said that while the Constitution “may protect CLS’s discriminatory practices off campus, it does not require a public university to validate or support them.”
I found myself agreeing with Justice Stevens. Since the law school had a clear policy against discrimination, they have every right to deny recognition to a group that breaks the rules. It’s important to remember the difference between banning a group and denying them funding. The group still has the right to exist – just not under the college’s name or while using their money. It would actually violate the school’s freedom of speech if they were forced to recognize and financially support something they didn’t believe in and set clear policies to avoid.
Still others argued to the Court that U.S. Constitution does not allow a school to deny a group which insists its members agree with its core views as a part of religious freedom. Where do your beliefs fall?
Posted by Rachel on July 15, 2010 at 11:55am.
