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Right to Belong: Christian group says it does; California law school says it doesn?t

By ADF Alliance Alert

David L. Hudson, Jr. writes in the ABA Journal: "Law professor Erwin Chemerinsky is monitoring the case of Christian Legal Society v. Martinez with a keen eye. One reason is substantive: The case features a clash between the rights of schools to enforce their nondiscrimination policies and student religious groups? rights of freedom of association. The U.S. Supreme Court is scheduled to hear arguments April 19 . . . 'The court has respected association rights, particularly where the choice of leaders and members affects the group?s message,' says Gregory Baylor, senior litigation counsel for the Alliance Defense Fund in D.C. and one of the attorneys representing the Christian Legal Society. 'When Hastings forces CLS to have an atheist lead a Bible study, it undoubtedly impairs CLS?s message. In our view, the Constitution protects the right of students to associate around shared beliefs,? Baylor says. 'This is a right that other student groups at Hastings have and that they exercise. It is discriminatory for Hastings to deny that right to CLS while respecting it for other groups.' Baylor adds that 'Hastings is putting the rights of every student group in jeopardy. A win for CLS would be a win for all student groups.'

Full post as published by Constitutionally Correct on March 30, 2010 (boomark / email).