David Masci previews the upcoming CLS v. Martinez Supreme Court hearing for the Pew Research Center. He notes that if the court rules in favor of the school (Hastings) in its policy refusing official recognition to groups that discriminate, the "decision is likely to have a limited impact outside of educational settings." Adding:
If, however, the court finds that the non-discrimination rules impermissibly burden CLS's rights, then the decision could have a broad impact that extends beyond educational institutions. Not only would this ruling protect the right of religiously-based groups, like the Christian Legal Society, to receive support at places like Hastings, it might also allow groups that discriminate based on other criteria, such as race or gender, to gain equal access to public forums. Furthermore, if the court extends the reach of this decision to all government funded programs (as opposed to only those, like the one at Hastings, that concern public forums for speech) then its potential impact would be very significant. Such a ruling could lead to dramatic changes in this area of law by inviting courts to scrutinize much more thoroughly the conditions that accompany government aid programs, ranging from public welfare funding to higher education scholarships.
