A Growing Consensus

I’m a little late to the party; nevertheless, it’s good to see yet another federal court hold that a public school cannot deny recognition or funding to a religious student group because of the group’s religious criteria for officers or members. Last month, in Roman Catholic Foundation v. Walsh, the Western District of Wisconsin enjoined the University of Wisconsin-Madison from applying its "non-discrimination" policy to deny the Roman Catholic Foundation recognition and funding.

Dare I say there is a consensus building? Out of the six courts to examine the issue only the Northern District of California in Christian Legal Society v. Kane and the Western District of Washington in Truth v. Kent School District have ruled against the expressive associational rights of student organizations.

The current case break down is as follows:

In favor of associational rights of student organizations:

• Christian Legal Society v. Walker
• Hsu v. Roslyn Union Free School District No. 3
• Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City University
• Roman Catholic Foundation v. Walsh

Against associational rights of student organizations:

• Christian Legal Society v. Kane
• Truth v. Kent School District

Both Kane and Truth are now pending in the Ninth Circuit. Briefing concluded in Kane on February 2, 2007, and Truth was argued on July 27, 2006. I'm not too optimistic that the Ninth Circuit will get it right. But there's always the Supreme Court, right?