Thursday, April 18, AD 2024 12:21pm

Christian Legal Society v. Martinez

As I’m a week and a half from law school exams, I don’t have the time to do this justice but there’s an important case involving a group I’m involved in at law school that was argued in front of the Supreme Court today. In sum, the school banned the CLS (Christian Legal Society) because it wanted the Christian Legal Society members to be…well, Christians. The school defends itself on the idea that allowing any discrimination is intolerable and would open a slippery slope to racist groups (no, seriously-read the article and the questions of Sotomayor & Stevens. Glad that Obama appointment is doing well for Christians).

So pray for a just result that will protect the rights of Christians to assemble.

0 0 votes
Article Rating
12 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Henry Karlson
Monday, April 19, AD 2010 3:58pm

Well, if the article you linked was right, no, it is not about whether or not they are to be Christian. You could allow gays to join and still be Christian. There are Christian gays (as TAC should know). If the point is no gay can join, I would argue such group was antithetical to Christianity.

Henry Karlson
Monday, April 19, AD 2010 4:03pm

Of course, I am sure you will say it is not about allowing gays to join — but yet, I know many “Christians” who say to celibate Christian gays they are “advocating a lifestyle” by pointing out their orientation.

Mike Petrik
Mike Petrik
Monday, April 19, AD 2010 4:29pm

While I’m certainly sympathetic with the CLS (and was an active member when I attended law school several decades ago), I’m not sure I agree with its legal theory in this case. What I want to know is whether or how its freedom to associate is actually impaired by failing to secure “official” status. Does a failure to secure school financing and benefits actually mean it is “banned”? If so, is its practical ability to meet encumbered?
I can appreciate the state’s interest in being unwilling to accord its impramatur upon groups that discriminate based on religion, race, etc., even if the application of such a limitiation to a bona fide religious group does seem ridiculous, but laws/rules are always imperfectly drafted, either underinclusive, overinclusive, or both. This one appears overinclusive (and is probably both), but my reaction is that this imperfection does not render it constitutionally infirm without a showing of First Amendment harm. This stands in contrast to laws granting churches an exception from general religious discrimination prohibitions, which quite possibly are constitutionally required precisely because a law that would prevent a church from favoring its own adherents for various church positions would presumably encumber the church from freely exercising its religion. I’m just not sure that disqualifying the CLS from receiving school financing and benefits is quite the same thing.

All that said, I certainly could be wrong and fully expect to be flamed with enthusiasm.

DarwinCatholic
Monday, April 19, AD 2010 5:30pm

That was my first question as well, Mike.

Donald R. McClarey
Admin
Monday, April 19, AD 2010 6:21pm

Well I helped found the Christian Legal Society at the University of Illinois Law School back at the dawn of time when I was a law student. Without official recognition we wouldn’t have been able to hold our meetings in classrooms, put up notices of our meetings on law school bulletin boards or receive funding from the Student Organization Resource Fund. I think the lack of these would have constituted a penalty to the group. I think the best tactic however is to argue that the Christian Legal Society is being singled out for enforcement of these regulations.

Here is a transcript of the oral argument:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/08-1371.pdf

PM
PM
Monday, April 19, AD 2010 7:07pm

One analysis of this case claimed that if the court found against the CLS, then by the same reasoning a state-supported school could not give official sanction to a gay-rights group that excluded people opposed to the gay-rights agenda. So if the CLS loses, maybe its members could sign up en masse for the gay-rights club, bringing their friends along with them. Discussion on college campuses would probably not become more civil, but it would be more varied and interesting.

Andy K.
Andy K.
Monday, April 19, AD 2010 7:27pm

“One analysis of this case claimed that if the court found against the CLS, then by the same reasoning a state-supported school could not give official sanction to a gay-rights group that excluded people opposed to the gay-rights agenda. So if the CLS loses, maybe its members could sign up en masse for the gay-rights club, bringing their friends along with them. Discussion on college campuses would probably not become more civil, but it would be more varied and interesting.”

Having read the legal briefings for this case, this is more or less what’s at stake. Pure and simple the administration of Hastings College (the school where this took place) is saying that this will indeed be the case – the only problem is, it seems to only be enforced in the case of the Christian group. We’ll see how this unfolds…

Art Deco
Art Deco
Monday, April 19, AD 2010 8:49pm

I know many “Christians” who say to celibate Christian gays they are “advocating a lifestyle” by pointing out their orientation.

Why are they pointing it out, Henry?

restrainedradical
Monday, April 19, AD 2010 9:03pm

“It is so weird to require the campus Republican Club to admit Democrats, not just to membership, but to officership,” Justice Antonin Scalia said.

Funny that he mentions that. When I was in law school, the president of the Federalist Society was a Democrat. The president of CLS was suspected by everyone to be a closeted homosexual.

Interesting case but I don’t know if it’ll make any practical difference. I didn’t join CLS because it was too Protestant for my comfort. I don’t see practicing homosexuals joining, much less get voted into leadership positions.

Henry Karlson
Tuesday, April 20, AD 2010 2:14am

Michael Denton:

See Art Deco.

Discover more from The American Catholic

Subscribe now to keep reading and get access to the full archive.

Continue reading

Scroll to Top