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Supreme Court Tells Christian Group to Follow the Same Rules as Everybody Else

A few weeks back, I blogged about a case going to the Supreme Court. To recap, the Hastings College of the Law in San Francisco had a policy that for any student group to be officially endorsed by the university and receive a small stipend, it couldn't restrict membership for any reason. One organization, the local Christian Legal Society (CLS), changed its rules to exclude homosexuals or those engaging in pre-marital sex from holding leadership positions or voting. The university enforced its policy, and revoked its official endorsement of the CLS. So, the CLS claimed discrimination, took the university to court, lost, and appealed to the Supreme Court.

In my original blog entry, I already explained why I thought the CLS was clearly wrong, so I wasn't surprised to read the headline, Justices Rule Against Group That Excludes Gay Students. What surprised me, perhaps because I'm still too politically naive, is how close the vote was: 5 to 4. Nearly half of the justices sided with the CLS.

Consider the following statement from Alito, who wrote the dissenting opinion, "I do not think it is an exaggeration to say that today's decision is a serious setback for freedom of expression in this country." To me, 'freedom of expression' means the ability to say something without interference. To Alito et al, 'freedom of expression' apparently means the ability to say something, get official government endorsement for that statement, and get taxpayer money to help you spread that statement. It's like words don't even have the same meaning to them. 'Freedom' and 'entitlement' are not the same thing.

I think Stevens put it best, saying "groups may exclude or mistreat Jews, Blacks and women or those who do not share their contempt for Jews, Blacks and women. A free society must tolerate such groups. It need not subsidize them, give them its official imprimatur, or grant them equal access to law school facilities."

The good news is that at least for now, a sensible decision was reached on this issue.


Let me just quote one section of the previous blog entry, to show why I think the CLS was so clearly wrong.

To be clear, the university did not ban the CLS from convening on campus, or ban students from joining the CLS, and did not even stop the CLS from using university facilities. They just didn't officially endorse the CLS and give it the stipend that official organizations receive.

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