April 20, 2010 3:28 PM

Can Christian Student Group Exclude Gays, and Still Get School Funding? Supreme Court Deliberates...

By
Carlin DeGuerin Miller
Topics
Daily Blotter

Supreme Court

WASHINGTON (CBS/AP) Lawyers for the University of California's Hastings College of the Law argued in front of the United States Supreme Court Monday that the school bylaws are clear: if you exclude members on the basis of race, creed or sexual orientation you don't get financial support from the school - and they say that's why the law school refused to recognize the Christian Legal Society as a  student group eligible for funding and benefits.

The Christian Legal Society sued Hastings in 2004 after the school revoked its charter when the group changed its rules, requiring members to endorse a "statement of faith," and barring anyone who engaged in "unrepentant homosexual conduct." A federal judge and the Ninth U.S. Circuit Court of Appeals upheld Hastings' decision to revoke the charter. But the the appeals court's March 2009 ruling conflicted with an earlier decision by a federal appeals court in a similar case, prompting the Supreme Court to take up the issue.

The Supreme Court Justices seemed to split sharply Monday when questioning lawyers from both sides regarding the legal basis for excluding the charter.

"It is so weird to require the campus Republican Club to admit Democrats, not just to membership, but to officership," Justice Antonin Scalia said in response to the school's lawyer saying the college requires the same thing from all groups that want to operate on campus.

"To require this Christian society to allow atheists not just to join, but to conduct Bible classes, right? That's crazy," Justice Scalia said.

Other justices questioned where a ruling for the Christian group would lead.

"Are you suggesting that if a group wanted to exclude all black people, all women, all handicapped persons, whatever other form of discrimination a group wants to practice, that a school has to accept that group and recognize it, give it funds and otherwise lend it space?" asked Justice Sonia Sotomayor.

Gregory Garre, the lawyer for Hastings College, pointed out that the Supreme Court ruled previously that Bob Jones University in South Carolina could not ban students who believed in interracial dating, and still receive federal funds.

"Here we have a group that wants to exclude members on the basis of sexual orientation," Garre said.

Chief Justice John Roberts said that was only Garre's interpretation. "It's a religious-oriented group that wants to exclude people who do not subscribe to their religious beliefs," he said.

The court is expected to rule sometime in June.


Add a Comment See all 16 Comments
by charmcityskate June 28, 2010 8:27 AM EDT
I hope the judges aren't actually "split" on this decision.

The Christian group is free under the first amendment to assemble...but it's not free to take taxes from athiests, gays, and other people they exclude in order to operate.

This decision is not about "private" groups being regulated. They're not being regulated at all. It's about private groups not being able to get public funding if they are are discriminatory, on the basis of religion or otherwise.
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by ThomasStAwesome April 21, 2010 9:35 AM EDT
I would be less worried about homosexuality and how the gays are going to hell and be more worried about yourself.

Especially if you've ever prayed at or worn a crucifix. (exodus 20:4)
or maybe all those combat soldiers you pray for. (exodus 20:13)
or even if youve worked on your day of worship, and yes that includes children with part time jobs. (exodus 9-11).

Worry more about how many commandments you break in a day. Or how many of the mortal sins you've commited in your life, and how this entire society, supposedly held up by the morality of religion, is in fact every single vice it teaches against.
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by STBY21 April 20, 2010 11:56 PM EDT
I wonder if they will force the Black Law Students Association to accept whites who are opposed to what they want to accomplish, or the Clara Foltz Femenist Association to accept men who want to revoke women's rights? Would those people have the same rights because of their race or sex?

Some of the students should challenge these other groups beliefs and see if their rights are upheld.
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by holyerthanthou April 25, 2010 1:39 PM EDT
First there is a legal and constitutional separation of church and state. Our forefathers were smart enough to understand the need for that.

The groups you named are not getting School funding. Funding from taxes.
Last time I checked religious groups do not pay taxes. Not on the huge buildings they build nor the ground they occupy nor the trillions of dollars they guilt out of their faithful under the guise of helping others each year.
Sadly all those monster buildings they build( that eventually stay mostly empty) and those salaries they pay to people that do very little to help needy people in the community. If you compare building and operational cost of a decent size church to mega church to the amount of money spent on outreach and benevolence it is obscene! On top of that those givers get a tax break. What a racket! Get your church to pay for your group not our schools you have the money! I do not want my taxes to pay for any religious group PERIOD!
Additionally, a school should not sponsor a Junior KKK group either. In that example, that group would obviously exclude LGBT, blacks, mixed race, jews, latinos, middle eastern, eastern,eastern-european, native islanders, indigenous children. I fail to see the difference. Exclusion in schools contributes to elitism,superiority complexes, racism, and hate.
If those groups want to operate, which they are free to do under the constitution and bill of rights. That does not mean that those that find themselves excluded should have to help pay for funding by way of taxes.
If you wanted to join the NBLSA I am sure they would have you and your dues. Just do not ask me to help pay by my taxes.
by TVO1CITW April 20, 2010 7:19 PM EDT
Yes, they can exclude gays. All they have to do is adopt what the US government does. They get together and demonize who they do not like or want on their team. It's easy.
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by voxpopulus April 20, 2010 6:34 PM EDT
This is silly. The judges should be more sensible. If someone excludes you because of a choice you make, over which you have volitional control, it is not prejudice because you can make the choice to fit in. If they exclude you because of what you ARE, whether black, gay, Chinese, or left handed, it's prejudice. Perhaps if they called themselves the hetero special interest group they could claim that this is only for people like them, just like an all girl school doesn't have to admit boys, or a gay group doesn't have to admit straights, but otherwise, suck it up.
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by Scimajor April 20, 2010 6:05 PM EDT
You've heard of the "silent majority"? Well welcome to the "intollerant majority". What would the guy hanging on the cross say about such intollerance I wonder?
Reply to this comment
by TVO1CITW April 20, 2010 10:43 PM EDT
He (Jesus) wouldn't care about those who hung on to their sin. That is what you have to give up for Him to save you. No gays are, or ever will, be in heaven.
by ge556 April 20, 2010 10:50 PM EDT
I guess there won't be anyone in heaven who eats pork or wears mixed fibers, either.
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by TVO1CITW April 20, 2010 4:23 PM EDT
Are there gays on the Supreme Court?
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by Marcyann April 21, 2010 11:00 AM EDT
Seems to me TV, you are obsessed with gay people....hmmmmm....a little projection maybe....either way....it's so enlightening and comforting to know that you are close by helping God pass judgement.....you must think God inept...just remember..."those who are first, will be last; and those who are last will be first"....you hypocrite.
by TVO1CITW April 20, 2010 4:21 PM EDT
If certain groups are excluded from a group that knows the other group would be offended by their comments it would be best to discriminate for the good. Unfortunately, gays offend many straights and do not care if they do because they want them to be like them. That is a form of dis-discrimination and it is just as wrong.
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by gmcnally4 April 20, 2010 4:01 PM EDT
"Are you suggesting that if a group wanted to exclude all black people, all women, all handicapped persons, whatever other form of discrimination a group wants to practice, that a school has to accept that group and recognize it, give it funds and otherwise lend it space?" asked Justice Sonia Sotomayor.

Actually, the only people you can legally exclude are white males.
Reply to this comment
by TVO1CITW April 20, 2010 3:58 PM EDT
Any religious group that promotes, supports or teaches the doctrines of the Bible should be self supportive. It is the sacrifice of the individuals in the group that makes it work. Anything God is suppose to be in should be segregated from government influence and finance. Anytime the government wants in on anything religious there is compromise and religion does not do that.
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