Supreme Court Case Pits Religious Versus Gay Rights
March 24, 2010 by Special To Personal Liberty
Americans United for Separation of Church and State, the American Jewish Committee and the Religious Action Center of Reform Judaism have filed a friend-of-the-court brief with the United States Supreme Court in support of the University of California Hastings School of Law, whose nondiscrimination policy has been challenged by a religious group.
The case was originally brought by the Christian Legal Society (CLS) whose Hasting chapter was denied official university recognition and funding because it would have violated the law school’s anti-bias policy. CLS bars gay members from joining, and as such does not conform to the public university’s policy which prevents discrimination based on sexual orientation, Inside Higher ED reported.
“Because CLS does not need to be an official student group to communicate its message effectively to the Hastings student body the group’s First Amendment interest in discriminating against non-believers and the university’s interest in ensuring that its sanctioned extracurricular activities are open to all students are not incompatible,” the brief states.
Other organizations that have filed briefs in support of the school include American Council on Education, Lambda Legal and Gay & Lesbian Advocates & Defenders (GLAD).