The Constitutional Right to Discriminate
December 7, 2009 3:29 PM Subscribe
The Supreme Court has taken review in a case in which a law school barred a Christian legal group which apparently excludes non-Christian and LGBT students. The Hastings Christian Fellowship, a chapter of the Christian Legal Society, lost its official recognition as a student organization when it wouldn't agree to accept members and officers "regardless of their religion or beliefs about homosexuality" and ran afoul of the Hastings Law School's anti discrimination policy. The HCF sued and lost in district court and the 9th Circuit, which issued a two line order finding the law school's policy reasonable and content neutral. The 7th Circuit, by contrast, ruled in 2006 that such exclusion of the CLS by the Southern Illinois University law school violated the Society's free speech and expressive association rights. Today the Supreme Court, after some dithering, has accepted review of the case.
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