SAN FRANCISCO — A federal appeals court has upheld an “open membership” rule for student organizations at a University of California law school, making a Christian student group ineligible for recognition because the group requires adherence to a faith statement and denies membership to gays.
“The conditions on recognition are … viewpoint neutral and reasonable,” the 9th U.S. Circuit Court of Appeals ruled in a March 17 decision.
The Christian Legal Society (CLS) chapter at the university’s Hastings College of the Law had sought official recognition (and school funding) as a student organization but was denied because of its membership requirements.
“We certainly believe that the First Amendment rights of the CLS chapter are being violated,” said Timothy Tracey, litigation counsel for the Springfield, Va.-based society.
Tracey, who said his organization is considering an appeal, is concerned that this case could affect other college groups.
Nell Newton, chancellor and dean of the law school in San Francisco, said the school’s board of directors determined that the CLS group’s membership rules violated the school’s nondiscrimination policy.
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