Sunday, March 21, 2010

A Question Of Openness And Inclusiveness

The University of California Hastings College of the Law has been sued by a group on campus that wants to discriminate because they are not receiving funding from the student activity fund. The Christian group wants to be able to bar LGBT students from their organization and the college rules are that organization must be open to all students. The Christian Legal Society lost in a lower court and are appealing the ruling. Karen Sloan writes on Law.com,
The case stems from a 2004 decision by Hastings to deny the Christian Legal Society funding and status as a registered student organization on the grounds that it excludes gays and lesbians. Society members must sign a statement of faith that the group's national chapter has interpreted to bar people with a "sexually immoral lifestyle." Hastings said the Christian Legal Society violates the school's non-discrimination policy.

… The brief [from Society of American Law Teachers] argues that Hastings' non-discrimination policy does not unfairly target the Christian Legal Society's religious message or prevent the organization from conveying its message. At the same time, the brief urges the Court to continue to give schools the autonomy to establish their own policies regarding student groups. Religious groups should not have a constitutionally mandated exception from non-discrimination rules, according to the brief.
It is interesting to note who is supporting and who is not supporting the court challenge,
Numerous amicus briefs have been filed in the case. In addition to the law school organizations, the American Civil Liberties Union, the National School Boards Association and the Anti-Defamation League are among the groups that have filed amicus brief on behalf of Hastings. The Boy Scouts of America, the Cato Institute and the Association of Christian Schools International are just a few of the groups that have filed amicus brief on behalf of the Christian Legal Society.
I am co-chair of a LGBT campus organization at the university that I am attending and part of the school policy is that in order to receive funding we cannot discriminate against anyone. I do not see why a group that discriminates against some students should get funding. If a school organization said they were only for white students, how many people would feel that they should get money from the student activity fund? Then why should it be any different for a Christian organization that bar non-Christians and Christians LGBT students?

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