Court rules: UC Hastings Law and anti-gay discrimination

This week, the U.S. Supreme Court ruled 5-4 in a case pitting UC Hastings School of Law against a Christian student group.

The school had denied recognition to the Christian Legal Society, which then challenged its anti-bias policies prohibiting discrimination on the basis of religion or sexual orientation. The Christian Legal Society requires its voting members and officers to sign a "Statement of Faith" and abstain from all sex outside of heterosexual marriage.

On June 28, the Supreme Court upheld the Ninth Circuit Court of Appeals' decision for UC Hastings.

Writing for the majority, Justice Ruth Beyder Ginsburg said the Hastings policy was "a reasonable, viewpoint-neutral condition on access” that did not raise First Amendment issues in the way the Christian Legal Society argued, InsideHigherEd.com wrote.

Inside Higher Ed continued: The opinion explicitly rejects the argument of the Christian Legal Society that a public university has no business limiting its ability to be recognized and to apply its own rules to membership. “CLS’s analytical error lies in focusing on the benefits it must forgo while ignoring the interests of those it seeks to fence out: Exclusion, after all, has two sides,” the decision says. “Hastings, caught in the crossfire between a group’s desire to exclude and students’ demand for equal access, may reasonably draw a line in the sand permitting all organizations to express what they wish but no group to discriminate in membership.”

It isn't clear exactly what effect the Hastings ruling will have on campuses nationwide. Many schools which had anti-bias clauses for student organizations have, in the past, relaxed those regulations and created exemptions for religious student groups. Others, like the University of North Carolina-Chapel Hill, denied recognition to a Christian fraternity based on similar exclusionary membership policies but lost when the case was taken in front of a federal judge (note: not an LGBT-friendly source).

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