19 April 2010

Discrimination is bad, unless Rico's doing it

The New York Times has an editorial about the law:
Hastings College of the Law, part of the University of California, rightly prohibits student organizations from discriminating. A Christian group that bars non-Christian and gay students sued the school for denying it funding and access to its facilities. The Supreme Court hears arguments Monday in the case. It should rule in favor of Hastings.
To qualify for official recognition, and receive money from a publicly financed university, groups at Hastings are required to adhere to the school’s nondiscrimination policy, which says that official student groups cannot refuse membership on the basis of race, religion, national origin, sexual orientation, or other prohibited factors.
For years, the Christian Legal Society chapter at Hastings adhered to this policy. In 2004, it changed course and required members to sign a “statement of faith” that denied membership to students who did not share all of the society’s religious beliefs, as well as gay students. Hastings told the society that it could not remain a recognized group and receive money from the school unless it stopped discriminating. The society refused, and when the funding stopped, it sued, claiming that its First Amendment rights of free speech, free association, and free exercise of religion were being denied.
Under California law, it is illegal for postsecondary educational institutions that receive state money to discriminate on the basis of religion or sexual orientation. The school correctly determined that the law requires it to ensure that its student organization program does not permit discrimination. The school also has the right to pursue its own educational policy of promoting diversity and opposing discrimination.
Students at Hastings who want to join together in more exclusive arrangements are free to do so. They can form unofficial student groups. But Hastings is right that groups that bear its imprimatur, use its name and logo, and receive public funds must not discriminate.
In 2006, the Federal District Court that heard the case ruled for Hastings, and a three-judge panel of the San Francisco-based United States Court of Appeals for the Ninth Circuit affirmed unanimously. The panel said that the school’s rules were “viewpoint neutral”, since they imposed a requirement of openness on all student groups, and were also “reasonable”. It was right.
The Christian Legal Society is not being denied any First Amendment rights. It is being told that if it wants an official association with a public university and public money, it cannot deny gays, non-Christians, or members of any other protected minority equal rights.
Rico says they shouldn't worry; no self-respecting gay person or non-Christian would want to hang out with them anyway...

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