Excluding Homos is Discrimination

But only when you expect your public school to pay for it.

Back in November, the Supreme Court agreed to hear the case between Hastings College of the Law, University of California, and the Christian Legal Society, an extracurricular group at the San Francisco college.  CLS filed the case when they were denied “university recognition and funding”; the group requires voting members (though not meeting attendees) to make a faith pledge that, among other things, swears opposition to extra-marital and homosexual sex.  The College considered such a practice discrimination (though the group was allowed to meet and advertise on campus, just not receive college funds or subsidized meeting space).

This week, the Supreme Court ruled in support of the college with a 5-4 decision.  (Let the close decision in this case be a warning to us about the status of our current Supreme Court.)  You can read more about the case at Americans United for the Separation of Church and State, friend-of-the-court brief filers (along with the American Jewish Committee and the Religious Action Center of Reform Judaism).  Also, Constitutional scholar, Marci Hamilton, covers the decision and it’s history at FindLaw. Read Jay Sekulow’s negative analysis — and cries of First Amendment erosion, and challenge to free assembly — (his conservative organization, American Center for Law & Justice, supported the Christian Legal Society’s ground in the case) here.  Read Pam Spaulding’s coverage here.  And by Matt Coles, Director of the Center for Equality.

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