Home -> Law Blog Directory -> Academic Blogs -> The Faculty Lounge
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: The Faculty LoungeSupreme Court to Decide Student Religious Association Case
By Calvin Massey
The Supreme Court has granted the petition for certiorari in Christian Legal Society v. Martinez (08-1371). The case presents an interesting confluence of issues: expressive association rights, public forum doctrine, and the scope of anti-discrimination regulations when they conflict with associational freedom. The case arises from the University of California, Hastings Law School. The school has a policy that forbids recognition to student groups that do not adhere to its non-discrimination policy, which forbids discrimination on the basis of religion or sexual orientation, among other criteria. Only student groups that have been recognized are permitted to use school facilities. The Hastings Christian Legal Society permits any student to join, but limits voting rights and office-holding to those students who affirm that they are Christian and not homosexual.
The Christian Legal Society contends that Hastings has created a limited public forum but has used viewpoint based criteria to exclude the CLS from the forum. Hastings contends that its criteria are viewpoint-neutral and are, in any case, necessary to achieve the compelling interest of a community open to all students without discrimination on the basis of religion or sexual orientation. CLS further argues that the Hastings rules are a severe infringement upon its expressive associational rights.
I think the crux of the case is whether the Hastings regulations that limit access to the designated public forum are viewpoint-based. As applied to CLS, they strike at the heart of the viewpoint that CLS espouses. On the other hand, the regulations on their face are indifferent to the viewpoint of any student organization, so long as the organization opens its doors to every student. Eugene Volokh has published a relevant article in the Stanford Law Review that analyzes these types of questions in a fashion that endorses the Hastings argument. Yet, both Rosenberger and Dale provide some support for CLS.
I do not think the expressive association claim is particularly strong. If Hastings has not acted in a viewpoint-based manner to exclude CLS from the forum, Hastings has no obligation to subsidize discriminatory student groups.
The cert petition, brief in opposition, and reply brief can be found at scotusblog.com.
Full post as published by The Faculty Lounge on December 07, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
F-1 Visas
Visas for Foreign Students
National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.
Religious Decorations
Oklahoma City to pay attorney fees in religious freedom violations lawsuit.
Discrimination
race, gender, disability, religious or age discrimiation.
Federal National Mortgage Association
401(k) / ERISA Stock Fraud
Alabama Restaurant Association Hires Legal Council to Help Members Damaged by BP Oil Spill
Alabama Restaurant Association Hires Legal Council to Help Members Damaged by BP Oil Spill>
Tarceva
Safety Data Show Association with Liver Failure and Death

UPDATED: Court to rule on student religious rights
ADF asks Supreme Court to hear Mich. student religious speech case
Supreme Court to Review Rights of Student Religious Groups
Christian Legal Society Asks Supreme Court to Protect Rights of Religious Student Group
Supreme Court may soon review the Navajo Nationa RFRA case
Supreme Court asked whether Equal Access Act can be circumvented








