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Supreme Court to Consider Case Against California Law School
Washington Post ^ | April 18, 2010 | Robert Barnes

Posted on 04/17/2010 6:42:42 PM PDT by wastedpotential

At the oldest law school in the West, law is being made this semester, not just taught.

In a case that carries great implications for how public universities and schools must accommodate religious groups, the University of California's Hastings College of the Law is defending its anti-discrimination policy against charges that it denies religious freedom.

The college, which requires officially recognized student groups to admit any Hastings student who wants to join, may be well-meaning, says the student outpost of the Christian Legal Society. But the group contends that requiring it to allow gay students and nonbelievers into its leadership would be a renunciation of its core beliefs, and that the policy violates the Constitution's guarantee of free speech, association with like-minded individuals and exercise of religion.

"Hastings' policy is a threat to every group that seeks to form and define its own voice," the group told the court in a brief. The case, Christian Legal Society v. Martinez, will be argued in the Supreme Court Monday morning.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: freedomofassociation; religiousfreedom; supremecourt
Interesting case to see how SCOTUS rules.
1 posted on 04/17/2010 6:42:42 PM PDT by wastedpotential
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To: wastedpotential

Hm....


2 posted on 04/17/2010 6:45:21 PM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: wastedpotential
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. Nope, I can't find any relevant guidance in the supreme law of the land. The justices will have to wing it based on societal norms, as usual.
3 posted on 04/17/2010 6:46:52 PM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Pollster1

or European law precedent :)


4 posted on 04/17/2010 6:48:06 PM PDT by wastedpotential (McCain always said I was an agent of intolerance - but in 2008 those like me tolerated him most)
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To: wastedpotential

That Icelandic thing gets toked up much more and there won’t be any European anything. I’d get ready for some USSC rulings that refer to how they do it in Honduras.


5 posted on 04/17/2010 6:54:29 PM PDT by muawiyah ("Git Out The Way")
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To: wastedpotential

And when are these cases going to be decided?


6 posted on 04/17/2010 7:01:42 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty

SCOTUS agreed to hear it, so it will be on the next docket. Not sure when that is, but this year sometime. a federal judge and an appellate court, from California, sided with the school - not surprisingly.


7 posted on 04/17/2010 7:05:17 PM PDT by wastedpotential (McCain always said I was an agent of intolerance - but in 2008 those like me tolerated him most)
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To: wastedpotential

I wonder if the Muslim law group has to admit Jews.

Or the wymyn’s law group has to admit males.

Or if the Jewish law group has to admit Nazis.

Or. . .


8 posted on 04/17/2010 7:07:52 PM PDT by Persevero (Ask yourself: "What does the Left want me to do?" Then go do the opposite.)
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To: wastedpotential; freekitty

Oral argument is set for Monday.

Information on the case is: http://www.clsnet.org/center/litigation/christian-legal-society-v-martinez-uc-hastings.


9 posted on 04/17/2010 7:15:03 PM PDT by blue-duncan
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To: wastedpotential

Maybe some Christian students should join the college’s sodomite club and start preaching. Of course, they’d have to be careful not to get infected but they could wear surgical masks and gloves..


10 posted on 04/17/2010 7:15:58 PM PDT by Lancey Howard
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To: wastedpotential

If the “you must accept everyone” rule stood, what is there to limit membership of any group? Can Democrats invade the Republican party (further than has already occurred)? Can pro-lifers join campus pro-choice groups until they vote to change it to a pro-life stance? If it is an open forum ruled by mere interest and numbers, a group’s meaning is limited only to mob rule.


11 posted on 04/17/2010 7:41:41 PM PDT by tbw2 (Freeper sci-fi - "Humanity's Edge" - on amazon.com)
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To: tbw2

I agree. The whole argument is ridiculous. Still, the college won in 2 federal court cases thus far. Hopefully, SCOTUS overturns those decisions.


12 posted on 04/17/2010 7:59:18 PM PDT by wastedpotential (McCain always said I was an agent of intolerance - but in 2008 those like me tolerated him most)
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To: wastedpotential

I long for a return to Freedom of Association.


13 posted on 04/17/2010 7:59:33 PM PDT by 1010RD (First Do No Harm)
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To: Lancey Howard

No, I am sure there is some protection against preaching as well ......


14 posted on 04/17/2010 8:00:35 PM PDT by wastedpotential (McCain always said I was an agent of intolerance - but in 2008 those like me tolerated him most)
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To: wastedpotential

The college will change its policy when muslims refuse to let non-muslims in. No need for a Supreme Court ruling.


15 posted on 04/17/2010 8:28:04 PM PDT by jeffc (I now live in National Socialist America)
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