Legal News

Every Nation cannot discriminate at state universities

By Richard Binder

A federal judge ruled Friday that a nondiscrimination policy at San Diego State and Long Beach State universities required for formal campus recognition does not infringe on the rights of religious groups that demand fidelity to Christian ideals and bar openly gay students.

The ruling by District Judge Larry A. Burns decided the lawsuit filed by Every Nation Campus Ministries in 2005. The group had alleged that complying with the policy violated its rights to free speech, free association and religious liberty. It sought an injunction that would force the campus to recognize the group, and a finding that failing to abide by the policy was unconstitutional.

But Burns, relying on previous case law, said the policy was intended to regulate conduct, not speech or association. He also said any restrictions in the policy were reasonable and ?viewpoint neutral? and therefore not unconstitutional. In order to get official recognition, groups must abide by the policy that says membership cannot be withheld based on race, religion, age, gender, sexual orientation or disability.

A lawyer for the group was disappointed with the decision and said it would likely be appealed.

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Full post as published by Legal Pad | LA on February 09, 2009 (boomark / email).