Monday, the U.S. Supreme Court decided to hear a case questioning whether student organizations can be required to meet a school’s anti-discrimination policy to be recognized or funded. As many public schools have similar requirements, the case could have a big impact on the rules for student organizations nationally.

The University of California Hastings College of Law declared that student group Christian Legal Society (CLS) could not be recognized or receive student activity fee funds unless it followed the University’s anti-discrimination policy, which forbids exclusion from any University operation on the basis of "race, color, religion, national origin, ancestry, disability, age, sex or sexual orientation."  The organization requires that members sign a statement of faith and that they not engage in sexual activity outside of heterosexual marriage. 

CLS argues that their right to expressive association would be violated if they had to accept members that disagree with their views.  “In view of the clear dictates of Scripture, unrepentant participation in and advocacy of a sexually immoral lifestyle is inconsistent with an affirmation of the Statement of Faith."

Hastings recognized the group for nearly 10 years until 2004, when CLS introduced the membership restrictions. When Hastings denied the group $250, CLS brought a federal court case. U.S. District Judge Jeffrey White ruled in the law school’s favor in 2006, a decision that was upheld by an appellate court earlier this year.

Hastings’ lawyer, Ethan P. Schulman, contends says that this case could open the floodgates for discriminatory student groups.

"The real question is whether a law school is obliged to subsidize a group with student fees that is committed to discriminating against some students,” said Schulman.

The case is likely to be heard in March, and the ruling is due by June 2010.


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