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: Legal Pad | LA

9th Circuit deems open membership rule "reasonable"

By Richard Binder

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In a one-paragraph decision, the U.S. Court of Appeals for the Ninth Circuit ruled that the Hastings College of Law of the University of California was within its rights to deny recognition to a branch of the Christian Legal Society.

Hastings said that the student group's ban on members who engage in "unrepentant homosexual conduct" violated the law school's anti-bias policies. In turn, the Christian Legal Society argued that its rights to expressive association and freedom from viewpoint discrimination were being violated by the college.

The 9th Circuit's unpublished order stated that Hastings' open membership rule prohibiting discrimination based on religion or sexual orientation of members is "viewpoint neutral and reasonable."

The Christian Legal Society made clear after the March 10 argument that it would appeal if it lost at this stage.

Click these for details.

Full post as published by Legal Pad | LA on March 18, 2009 (boomark / email).

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