Issue #98

1. In a 5-4 decision, the U.S. Supreme Court ruled that colleges and universities may deny recognition to student religious organization that exclude from membership persons who reject the beliefs of that group.

The Hastings College of Law at the University of California in San Francisco denied recognition to the Christian Legal Society (CLS) because the group required its members to sign a statement of faith and affirm that "unrepentant participation in, or advocacy of, a sexually immorally lifestyle" is inconsistent with that faith.

As a result, CLS was not allowed to meet on school property, use the school’s e-mail network, or receive funding from student activity fees that other groups received.

In a statement, the Becket Fund for Religious Liberty said the decision, CLS v. Martinez, dealt "a blow to the First Amendment rights of religious students at public universities." The decision was written by Justice Ruth Bader Ginsburg and joined by Justices Anthony Kennedy, John Paul Stevens, Stephen Breyer, and Sonia Sotomayor.

Justice Samuel Alito wrote the dissenting opinion, joined by Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas, which stated that the majority ruling “is a serious setback for freedom of expression in this country.”

Jay Sekulow, Chief Counsel of the American Society of Law and Justice, said, "The decision significantly damages the constitutional rights of religious organizations."

Richard Land, President of the Southern Baptist Ethics & Religious Liberty Commission, told the Baptist Press, "This decision is one of the worst decisions handed down by the Supreme Court in recent years. It strains credulity that five justices of the United States Supreme Court are willing to say that the Christian Legal Society cannot limit its membership to heterosexuals, given the clear and plain teaching of Scripture concerning homosexuality. It is a sad day for people of faith."
Christianity Today reported that Carl Esbeck, a constitutional law professor at the University of Missouri who filed a brief in the case for the National Association of Evangelicals, said the ruling "defeats the purpose for which state universities allow student organizations to be created and recognized--namely, that like-minded people can band together."

But David French, Senior Counsel with the Alliance Defense Fund, said the Hastings College of Law "has not yet won this case," since the Supreme Court remanded it back to the 9th Circuit Court of Appeals to determine if the policy has been applied in a discriminatory manner.

"There is strong evidence that the university has, in fact, exempted other, favored, groups from their own policy, with the radical left advocacy group La Raza permitted to discriminate on the basis of ideology and race," French said.

Michael McConnell, a former judge on the 10th Circuit Court of Appeals and lead counsel for CLS, predicted, "We believe we will ultimately prevail in this case."

2. House Minority Leader John Boehner (R-OH) received the Legislative Leadership Award for outstanding pro-life leadership in Congress at National Right to Life Committee’s annual convention in Pittsburgh.

In his acceptance speech, Boehner recalled how he grew up in a small house in Cincinnati with a big family with 11 brothers and sisters.

"My parents sent all 12 of us to Catholic schools. It wasn't easy for them to do that. But it was important to them that we got a good education. And for them, a good education meant more than just the ABCs and 1-2-3s. It was also important that we learned about deeper values. Respect for life was at the top of that list," he said in part.