Law & Courts

High Court to Hear College Religious Group’s Case

By Mark Walsh — December 11, 2009 3 min read
  • Save to favorites
  • Print

The U.S. Supreme Court has agreed to review whether public schools and universities may deny official recognition to student religious groups that limit membership to those who share their core beliefs.

The case, which the justices accepted for review Dec. 7, involves a dispute between the University of California’s Hastings College of Law, in San Francisco, and the law school’s chapter of the Christian Legal Society. The Springfield, Va.-based society promotes a Christian perspective among lawyers and law students.

The same issues have come up in K-12 public schools, as administrators have sought to require such groups to adhere to nondiscrimination policies.

The Hastings dispute arose after the law school refused to recognize the CLS chapter because the group refused to agree to the school’s nondiscrimination policy regarding religion and sexual orientation, according to court papers in Christian Legal Society v. Martinez (Case No. 08-1371).

The CLS chapter says that its members must affirm the national organization’s “statement of faith,” which involves “a shared devotion to Jesus Christ.” The statement also says that “unrepentant participation in or advocacy of a sexually immoral lifestyle is inconsistent” with the group’s beliefs.

The denial of recognition meant the CLS chapter did not have access to meeting space, communications channels such as announcements in law school newsletters and e-mails to students, and the opportunity to apply for funding from student-activity fees.

The chapter sued the law school in federal court, alleging violations of its rights of free speech, expressive association, free exercise of religion, and equal protection of the law.

“We think it’s a common-sense proposition that religious groups should be able to choose that their members and leaders will agree with their religious viewpoints,” said Kimberlee Wood Colby, a lawyer with the Center for Law and Religious Freedom, the society’s legal arm. The society has some 90 student chapters at universities across the country, most at law schools.

Precollegiate Case

A federal district court upheld the law school’s actions in 2006. In March of this year, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, unanimously affirmed the lower court in a short opinion that cited another recent 9th Circuit decision that had addressed the issue in a precollegiate context.

In that case, Truth v. Kent School District, the 9th Circuit upheld a Washington state school district’s decision to deny recognition to a student religious club that limited its officer positions and voting membership to Christian believers. (At the prodding of school administrators, the club agreed to allow any student to attend its meetings.)

The appellate court said the school district’s application of its nondiscrimination policy did not violate the club’s First Amendment free-speech rights. The court in that case also held that the school’s actions did not violate the federal Equal Access Act, which requires secondary schools that receive federal money to treat all noncurricular clubs on an equal basis. The act does not apply to colleges and universities.

In June, the Supreme Court declined without comment to hear the Truth club’s appeal of that ruling.

In the Hastings law school case, the Christian Legal Society chapter argues that the 9th Circuit’s rulings conflict with decisions by at least two other federal circuit courts on the rights of student religious groups to restrict their membership and still enjoy recognition by public schools and colleges.One of those was a 1996 decision by the U.S. Court of Appeals for the 2nd Circuit, in New York City, that the Roslyn Union Free School District in New York state violated a high school Bible club’s rights under the Equal Access Act when the district refused to recognize the club as long as it barred nonbelievers from its leadership positions.

The Hastings law school filed a brief arguing that its case made a poor vehicle for deciding some of the issues surrounding student religious clubs in public education.

The high court, in decisions going back nearly three decades, has been generally supportive of the rights of student religious groups. The justices have ruled that a school district violated the Equal Access Act by denying recognition to a student Bible club, and they have held that a college violated the First Amendment free-speech rights of a religious club by conditioning access to college meeting space on the club’s not engaging in religious worship or teaching.

The current case, Christian Legal Society v. Martinez, will be argued sometime in the spring, with a decision likely by late June.

A version of this article appeared in the December 16, 2009 edition of Education Week as High Court Takes Case on College Religious Groups

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Teaching Students to Use Artificial Intelligence Ethically
Ready to embrace AI in your classroom? Join our master class to learn how to use AI as a tool for learning, not a replacement.
Content provided by Solution Tree
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Webinar
Empowering Students Using Computational Thinking Skills
Empower your students with computational thinking. Learn how to integrate these skills into your teaching and boost student engagement.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
IT Infrastructure & Management Webinar
The Reality of Change: How Embracing and Planning for Change Can Shape Your Edtech Strategy
Promethean edtech experts delve into the reality of tech change and explore how embracing and planning for it can be your most powerful strategy for maximizing ROI.
Content provided by Promethean

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts How a Supreme Court Case on Vaping Stands to Impact Schools
The U.S. Supreme Court heard an important case about federal regulation of flavored e-cigarettes, which remain a concern for schools.
6 min read
A high school principal displays vaping devices that were confiscated from students in such places as restrooms or hallways at a school in Massachusetts on April 10, 2018.
A high school principal in Massachusetts displays vaping devices that were confiscated from students in restrooms or hallways on April 10, 2018.
Steven Senne/AP
Law & Courts Billions of School Tech Dollars At Risk as Supreme Court Takes Up E-Rate Case
The U.S. Supreme Court will take up a lower-court decision that struck down the funding mechanism for the E-rate school internet program.
3 min read
digital citizenship computer phone 1271520062
solarseven/iStock/Getty
Law & Courts The Uncertainty Ahead for Title IX and Transgender Students in Trump's New Term
Trump may not be able to withdraw the Title IX rule on "Day 1," but advocates on both sides expect it to go away.
7 min read
Marshall University students hold a protest to voice concerns over the handling of Title IX-related issues at the university on Nov. 18, 2022, in Huntington, W.Va.
Marshall University students hold a protest to voice concerns over the handling of Title IX-related issues at the university on Nov. 18, 2022, in Huntington, W.Va.
Sholten Singer/The Herald-Dispatch via AP
Law & Courts Ten Commandments Law for Public Schools Is 'Impermissible,' Judge Rules
The Louisiana law would require displays of the Ten Commandments in every public school classroom.
4 min read
Photo of Ten Commandments poster on school wall.
Getty