Public Law School Christian Student Organization Can't Discriminate By Sexual Orientation or Religion

The Univ. of Cal. Hastings College of Law policy requiring all its student organizations --including the Christian Legal Society ("CLS")-- to accept of members of all faiths and sexual orientations does not violate the U.S. Constitution, according to Northern District of California and the 9th Circuit in Christian Legal Soc. Chapter of University of California v. Kane.

CLS affiliated with the National Christian Legal Society ("CLS-National") during the 2004-2005 school year. CLS-National requires all its members to sign a "Statement of Faith," which provides:

Trusting in Jesus Christ as my Savior, I believe in:

• One God, eternally existent in three persons, Father, Son and Holy Spirit.
• God the Father Almighty, Maker of heaven and earth.
• The Deity of our Lord, Jesus Christ, God's only Son conceived of the Holy Spirit, born of the virgin Mary; His vicarious death for our sins through which we receive eternal life; His bodily resurrection and personal return.
• The presence and power of the Holy Spirit in the work of regeneration.
• The Bible as the inspired Word of God.

The district court also noted that

CLS will not permit students who do not sign the Statement of Faith to become members or officers. CLS also bars individuals who engage in “unrepentant homosexual conduct” or are members of religions that have tenets which differ from those set forth in the Statement of Faith from becoming members or officers.

In affirming the district court, the entirety of the 9th Circuit opinion said:

The parties stipulate that Hastings imposes an open membership rule on all student groups-all groups must accept all comers as voting members even if those individuals disagree with the mission of the group. The conditions on recognition are therefore viewpoint neutral and reasonable. Truth v. Kent Sch. Dist., 542 F.3d 634, 649-50 (9th Cir.2008).

Citation to district court opinion: 2006 WL 997217.