Supreme Court Will Decide on Religious Student Groups vs. Nondiscrimination Policies

Ashley Thorne

See Inside Higher Ed:

Both sides in the case before the court argue that they are defending students from discrimination. "Often university officials don't like the religious groups and we see [colleges' anti-bias rules] as one more mechanism for keeping religious groups off campus," said Kim Colby, a lawyer for the Christian Legal Society, which wants the right to organize chapters at public law schools even if those law schools ban discrimination based on sexual orientation. The society excludes gay people -- and others who do not share its faith.

See also FIRE:

FIRE will be filing an amicus curiae ("friend of the court") brief with the Court in support of the Christian Legal Society's appeal, asking the Court to continue its longstanding protection of expressive association.

ADF:

University administrators, moreover, seem to have a lot a trouble complying with the First Amendment.  Let us pray that the Supreme Court will vindicate the foundational principles underlying our first freedom.

Volokh:

But just as the right to abortion, speech, or private education doesn’t yield a right to government funding of abortion, speech, or private education — and isn’t even violated by rules that expressly exclude abortion, certain subject matters of speech, or private education from generally available benefit programs — so the right to expressive association isn’t violated by rules that give benefits only to groups that organize themselves in a certain way. And while these conditions on funding would be unconstitutional if they discriminated based on the viewpoint of the groups’ speech, a ban on discrimination in selecting members or officers is a ban based on conduct, not on the viewpoint of the groups’ speech.
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