"Gay Rights" v. Religious Liberty

Commentary by Nathan Diament, Keith Pavlischek, and the Washington Post.

Casey Mattox discusses religious student groups and nondiscrimination rules on Freedom's Ring Radio

The Center's Casey Mattox discusses religious student groups and nondiscrimination rules at public universities with attorney Alan J. Reinach on Freedom's Ring Radio. Download the fourteen minute interview podcast here. Note: this show was recorded prior to the Ninth Circuit's ruling in CLS v. Kane (UC Hastings).

David French comments on CLS v. Kane at Phi Beta Cons

David French, ADF Senior Legal Counsel and Director of ADF’s Center For Academic Freedom, comments on Christian Legal Society v. Kane at Phi Beta Cons on National Review Online:

From a common-sense standpoint, this is absurd. Imagine telling a Baptist church that its search for a new pastor had to include equal consideration of Buddhist or Hindu candidates. Imagine telling a synagogue that they were engaged in unlawful "discrimination" if they categorically refused to permit imams from
functioning as rabbis. How can student guarantee that they can maintain their distinctive voice if each group essentially has to be open to all students, regardless of those students' beliefs or intentions?

Center attorney on CBN discussing CLS v. Kane (video)

Center attorney Timothy J. Tracey appeared on CBN News today to discuss the Ninth Circuit panel's decision in Christian Legal Society v. Kane. Read the story and watch the video here.

Listen to the Christian Legal Society v. Kane oral argument

The Ninth Circuit Court of Appeals has posted the audio recording of the CLS v. Kane (Newton/UC Hastings) (# 06-15956) oral argument before Chief Judge Alex Kozinski, Judge Proctor Hug, Jr., and Judge Carlos T. Bea.

Timothy J. Tracey of the Center for Law & Religious Freedom presented the argument for CLS and Ethan P. Schulman of Folger Levin & Kahn, LLP presented the argument for UC Hastings.

The audio file can be streamed or downloaded (Windows Media Player required).

RE: Oral Argument Tomorrow in CLS Chapter Nondiscrimination Case

To follow up on Greg's post, please see the CLS webpage on Christian Legal Society v. Kane (aka Christian Legal Society v. Newton) for a summary of the case, a copy of the opinion below, and the parties' briefs, as well as other documents.

The Seventh Circuit's opinion in Christian Legal Society v. Walker, 453 F.3d 853 (7th Cir. 2006) (Southern Illinois University) may be downloaded here.

Also of interest: a recent law review article by Joan Howarth, Dean of the Michigan State University College of Law, Teaching Freedom: Exclusionary Rights of Student Groups, 42 U.C. Davis L. Rev. 889 (2009), which discusses CLS v. Walker and CLS v. Kane, as well as related cases. From the abstract:

Progressive, antisubordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions’ nondiscrimination policies.

CLRF Challenges Boise State's Religious Discrimination in Student Group Funding

The Center has filed suit in the Federal District Court for the District of Idaho, Boise Division, today against Boise State University officials, challenging their discriminatory exclusion of religious student groups from student activity fee funding available to all other groups. CLRF attorneys also filed a Motion for Preliminary Injunction asking the Court to prohibit the Defendants from mandating and allocating student fees unless they halt their discriminatory policies.

Boise State collects a mandatory Student Activity Fee for the purpose of allowing the student government to distribute this money to student groups. However, the university expressly prohibits religious student organizations from receiving these funds, citing a provision of the Idaho constitution. In Widmar v. Vincent, the Supreme Court rejected a Missouri university's attempt to justify excluding religious student groups from university recognition, deeming its claim that the state constitution compelled it to do so was insufficient to trump the First Amendment rights of the religious student group. In Rosenberger v. Rector and Visitors of the University of Virginia the Supreme Court likewise held that the First Amendment prohibits a public university from excluding religious student groups from student activity fees available to other groups.

Boise State does provide student fee funding to the Secular Student Alliance, an atheist student group that proclaims a purpose to advocate for "non-religious world views."


In addition to the exclusion of religious student groups, the complaint also alleges that Boise State’s policies permit discrimination against other student groups on the basis of their views.

Bruce Skaug of Goicoechea Law Offices in Nampa, Idaho also represents the Plaintiffs.

The Complaint and Motion for Preliminary Injunction filed in Cordova v. Laliberte with the Federal District Court for the District of Idaho, Boise Division can be viewed here.