April 19, the Supreme Court heard arguments for the case Christian Legal Society v Martinez. In short, University of California's Hastings College of the Law is refusing the Christian Legal Society (CLS), a student organization, school financing and benefits because they will not agree to accept any and all students regardless of sexual orientation or religious belief. In response, CLS is suing the school in order to receive all the benefits of a recognized student organization.
It seems clear to me that CLS has a valid argument. Basically, they believe that atheists should not be able to vote on officers and lead Bible study groups. Such a requirement for openness from the university would lead to a great deal of turmoil in organizations built around a specific belief. Should students who hate Muslims be able to join a Muslim organization, vote themselves into power and ruin the organization's integrity?
Before people start crying over school-sanctioned discrimination, CLS is not arguing for the ability to exclude students on the basis of status, just beliefs. For example, they cannot exclude women, minorities or handicapped persons.
The University's lawyer, Gregory Garre, has proposed that CLS can exclude people on the basis of merit, such as knowledge of the Bible, to avoid an organization takeover. However, atheists can have a great deal of knowledge about the Bible, and Christians may want to join CLS in order to gain knowledge of the Bible, so such a merit requirement would never function effectively.
It seems crazy to think that College Republicans would be forced to include Democrats, or a Redskins fan club would be forced to include Cowboys fans, and allow them to vote on officers. Even though it would ideal if everyone could get along, we all know that opposing views often cannot. To require one organization to allow students from the opposing view would inevitably invite conflict and compromise every opinionated organization's mission.
Mike Jones\nCLAS I
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