Lyle Deniston reports the Supreme Court has agreed to hear the appeal in a case involving exclusive religious student groups at a public college. In 2004, UC-Hastings' Law School denied the request of a student chapter of the Christian Legal Society to be fully recognized with funding and facilities, citing the organization's religious requirements for officers and voting members. In March of this year, without issuing a written opinion, the 9th Circuit affirmed the trial court's ruling in favor of the University. There, Judge Jeffrey White concluded (pdf) my emphasis:
Hastings has not excluded CLS because it is a religious group but rather because it refuses to comply with the prerequisites imposed on all student organizations. To become a registered student group, Hastings requires all student groups to comply with Hastings’ Policies and Regulations Applying to College Activities, including the Nondiscrimination Policy. Pursuant to the Nondiscrimination Policy, a student organization cannot exclude interested students from participating on the basis of, among other things, religion or sexual orientation. The student groups must remain open to all students who want to join or participate.
Courts have found nondiscrimination statutes akin to Hastings’ Nondiscrimination Policy to be viewpoint neutral.
