The Chronicle of Higher Education
June 28, 2010
By Peter Schmidt
Washington
A bitterly divided U.S. Supreme Court held Monday that a California public law school did not violate the First Amendment in denying official recognition to a Christian student group that effectively excluded homosexual students from membership based on their beliefs and behaviors. But the parties involved in the case, as well as experts on student organizations, disagree over whether many colleges have policies similar enough to the one at issue in the case to be affected by the decision.
In its 5-to-4 ruling, the Supreme Court held that the University of California's Hastings College of the Law acted reasonably, and in a viewpoint-neutral manner, in refusing to officially recognize and give funds to a campus chapter of the Christian Legal Society because the group refused to abide by the school's requirement that student groups open their membership to all.
Full Story: http://chronicle.com/article/Supreme-Court-Decision-on-Law/66077/?sid=at&utm_source=at&utm_medium=en
Showing posts with label First Amendment. Show all posts
Showing posts with label First Amendment. Show all posts
Sunday, July 4, 2010
Thursday, May 28, 2009
Court Upholds Law School's Denial of Funds for Christian Group
Inside Higher Ed
May 28, 2009
A federal district court judge has backed the University of Montana law school's decision to deny financial support to a Christian student group that barred as members students who won't sign its statement of faith or who engage in or advocate homosexual sex. The decision last week upheld a magistrate judge's 2008 opinion that the law school did not violate the First Amendment rights of a Christian Legal Society chapter that sought funds through the school's student fee process.
Full "Quick Take":
http://www.insidehighered.com/news/2009/05/28/qt#199785
May 28, 2009
A federal district court judge has backed the University of Montana law school's decision to deny financial support to a Christian student group that barred as members students who won't sign its statement of faith or who engage in or advocate homosexual sex. The decision last week upheld a magistrate judge's 2008 opinion that the law school did not violate the First Amendment rights of a Christian Legal Society chapter that sought funds through the school's student fee process.
Full "Quick Take":
http://www.insidehighered.com/news/2009/05/28/qt#199785
Tuesday, February 10, 2009
Judge Says Colleges' Bias Policy Does Not Impede Rights of Christian Student Groups
Chronicle of Higher Education
News Blog
February 9, 2009
A federal judge ruled on Friday that a nondiscrimination policy at San Diego State University and California State University at Long Beach does not infringe upon the First Amendment rights of Christian student groups, The San Diego Union-Tribune reports.
Every Nation Campus Ministries, a recognized student group eligible for money and privileges, established a new constitution in 2005 that required its members to be Christians and barred people “who believe they are innately homosexual, or advocate the viewpoint that homosexuality is a natural part of God’s created order.”
The group was denied official recognition that year because its new membership requirements violated the institutions’ nondiscrimination policy, and Every Nation Campus Ministries sued. Other groups with similar membership policies were denied recognition at both universities.
Full story: http://chronicle.com/news/article/5944/judge-says-colleges-bias-policy-does-not-impede-rights-of-christian-student-groups?utm_source=at&utm_medium=en
News Blog
February 9, 2009
A federal judge ruled on Friday that a nondiscrimination policy at San Diego State University and California State University at Long Beach does not infringe upon the First Amendment rights of Christian student groups, The San Diego Union-Tribune reports.
Every Nation Campus Ministries, a recognized student group eligible for money and privileges, established a new constitution in 2005 that required its members to be Christians and barred people “who believe they are innately homosexual, or advocate the viewpoint that homosexuality is a natural part of God’s created order.”
The group was denied official recognition that year because its new membership requirements violated the institutions’ nondiscrimination policy, and Every Nation Campus Ministries sued. Other groups with similar membership policies were denied recognition at both universities.
Full story: http://chronicle.com/news/article/5944/judge-says-colleges-bias-policy-does-not-impede-rights-of-christian-student-groups?utm_source=at&utm_medium=en
Tuesday, August 5, 2008
Temple U.'s Past Policy Violated Free-Speech Rights, Appeals Court Says
The Chronicle of Higher Education
Tuesday, August 5, 2008
By JOSH KELLER
A federal appeals court ruled on Monday that a sexual-harassment policy that Temple University abandoned early last year was unconstitutionally broad and violated students' freedom of expression.
The Philadelphia-based U.S. Court of Appeals for the Third Circuit—upholding a district court's March 2007 decision—said the university's policy could have stopped its students from making legally protected speech. The case was brought two and a half years ago by a former Temple graduate student, Christian M. DeJohn, who said his conservative views were unwelcome at the university.
The policy's definition of sexual harassment, the appeals court wrote, was "sufficiently broad and subjective" that it "could include 'core' political and religious speech, such as gender politics and sexual morality." The court said the policy had no test to differentiate between speech that was merely "offensive" or "hostile" and speech that actually resulted in a hostile work environment.
The decision has no immediate effect because Temple had revised its sexual-harassment policy shortly before the case went to trial. But the conservative legal-advocacy group that filed the suit on behalf of Mr. DeJohn, the Alliance Defense Fund, called the decision a victory against university-sponsored discrimination.
"Christian and conservative students shouldn't fear discrimination or censorship by university officials simply for expressing their beliefs," said Nate Kellum, a lawyer for the Alliance Defense Fund, in a written statement. "The university is a 'marketplace of ideas' where all viewpoints are welcomed, and this significant ruling makes that clear." [To see the entire story, go to: http://chronicle.com/daily/2008/08/4118n.htm?utm_source=at&utm_medium=en ] Subscription required.
Tuesday, August 5, 2008
By JOSH KELLER
A federal appeals court ruled on Monday that a sexual-harassment policy that Temple University abandoned early last year was unconstitutionally broad and violated students' freedom of expression.
The Philadelphia-based U.S. Court of Appeals for the Third Circuit—upholding a district court's March 2007 decision—said the university's policy could have stopped its students from making legally protected speech. The case was brought two and a half years ago by a former Temple graduate student, Christian M. DeJohn, who said his conservative views were unwelcome at the university.
The policy's definition of sexual harassment, the appeals court wrote, was "sufficiently broad and subjective" that it "could include 'core' political and religious speech, such as gender politics and sexual morality." The court said the policy had no test to differentiate between speech that was merely "offensive" or "hostile" and speech that actually resulted in a hostile work environment.
The decision has no immediate effect because Temple had revised its sexual-harassment policy shortly before the case went to trial. But the conservative legal-advocacy group that filed the suit on behalf of Mr. DeJohn, the Alliance Defense Fund, called the decision a victory against university-sponsored discrimination.
"Christian and conservative students shouldn't fear discrimination or censorship by university officials simply for expressing their beliefs," said Nate Kellum, a lawyer for the Alliance Defense Fund, in a written statement. "The university is a 'marketplace of ideas' where all viewpoints are welcomed, and this significant ruling makes that clear." [To see the entire story, go to: http://chronicle.com/daily/2008/08/4118n.htm?utm_source=at&utm_medium=en ] Subscription required.
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