Back in college, when I was the student body treasurer and chairman of the finance board, a Christian group known as Campus Crusade for Christ threatened to sue the university because they wanted to be officially recognized. The problem was they required that their elected leaders leaders sign a personal “Statement of Beliefs” pledge that included a provision affirming that homosexuality was a sin and the leader did not engage in immoral sexual conduct.
This went against the university’s non-discrimination policy and caused a lot of problems for us. As a result, the administration did not want the Christian group recognized unless that provision was removed from their by laws. This led to a lot of meetings with people from both sides and a request that until the matter was resolved, I stopped issuing checks to this group, yada yada yada.
At the exact same time, across the country in California, a law school was going through the same thing. We resolved our issue in-house. The folks on the west coast didn’t and they sued. Their case went to the Supreme Court and was decided this morning, which I blogged about earlier. I just finished reading the entire opinion in Christian Legal Society Chapter of University of California Hastings College of Law v. Martinez. Here are my conclusions.
My Own Personal Background with a Similar Case
First, you all know that when I went through this, my official position was that any group should be able to discriminate as long as the opportunity to form an organization was open to everyone. That way, if one group was a “I hate pastries” group, other students could form a, “I love pastries” group and free speech reigned. The free market of ideas would sort out which group was more popular. It was a libertarian-leaning position and I thought about it carefully, even calling home to talk to my parents about it for several hours as I worked out my opinion on the matter. (more…)




