The Supreme Court will hear oral arguments in Christian Legal Society v. Martinez on Monday. Hastings Law School denied funding to CLS, a student group, because it did not allow LGBT students as members. State law in California requires all student groups at public universities to allow any student to participate. So, in this case we see a clear conflict between free exercise (Hastings is a public school following state law so the necessary state action for a free exercise claim is in effect) aspects of religious equality and non-discrimination policy. It is a difficult case in many ways and raises substantial issues related to the things we have been discussing in both classes over the last 4-5 weeks.
Video from Federalist Society and American Constitution Society sponsored panel discussions on the case are here.
Oral arguments may appear at Oyez.
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2 comments:
Here is a link to a real case where lack a gay marriage causes harm
http://bayarea.blogs.nytimes.com/2010/04/20/suit-charges-elderly-gay-couple-was-forced-apart/?src=twt&twt=nytimes
Gat marriage leads to gay divorce
http://hosted.ap.org/dynamic/stories/U/US_GAY_DIVORCE_TEXAS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT
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