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Freedom of Religion in Question

The Supreme Court is currently presiding over what some Christian groups are calling the biggest freedom of religion case in over 15 years. The Christian Legal Society (CLS) chapter at the University of California-Hasting’s School of Law filed a lawsuit on October 22, 2004, against school officials who denied recognition to the group because the chapter requires officers and voting members to adhere to the CLS Statement of Faith.

In early September 2004, the CLS chapter had asked school officials to exempt the group and other religious student organizations from the religion and sexual orientation portions of their university’s nondiscrimination policy. This nondiscrimination policy would force clubs to allow persons who hold beliefs and engage in conduct contrary to their statement of faith (which for CLS included a prohibition on extramarital sex) to join as voting members and to run for officer positions.

Contrary to many of the misconceptions floating around about the case, this has nothing to do with same-sex marriage or federal funding. This case is actually about whether a religious group (and maybe even others) may ensure that its members and leaders share its beliefs. In fact, one homosexual group, Gays and Lesbians for Individual Liberty, filed a brief in support of CLS against Hastings.

The long-range implications of this ruling could mean that a NAACP chapter would have to allow a racist skinhead to sit on its planning meetings or a Jewish club would have to elect a Nazi into a leadership position. Insanity! The overarching affects of the wording could have huge implications for Christian groups and private organizations that adhere to a code of conduct that might be considered “discriminatory” by state organizations.

The Christian Legal Society’s Center for Law and Religious Freedom and the Alliance Defense Fund represent the CLS chapter. For more on misconceptions about this case, go here.


Comments:

another angle
Let me add a different perspective. Let's go back to Ben's assertion that this is about "how to apply non-discrimination in government-funded groups." This is, I believe, a public university, not a private one. When it applies non-discrimination standards in a way that effectively prevents groups with certain beliefs (e.g., orthodox Christianity) from receiving funding (or access to facilities, etc) BECAUSE of their inherent beliefs, but offers these benefits to other groups who hold contrary beliefs, but beliefs that align with an arbitrary standard defined by the university (e.g., gay-lesbian advocacy groups), it is practicing viewpoint discrimination. I believe there is established case law that prohibits viewpoint discrimination by a public institution.

Or how about this angle: can the university legally insist that groups who wish to receive university benefits must first require of their members that they first give up their individual rights as expressly enumerated in the Constitution (I'm thinking here of the freedom of association and perhaps by extension the right to assembly)?

Shouldn't the burden be on the university to demonstrate even-handedness without unnecessarily encumbering individual liberty rights rather than on the students (individually or in a group) to prove that they DESERVE or are entitled to receive such even-handed treatment?
I think we're talking past each other. When I said "can you explain...", what I meant was "would you please explain".

If you would explain how this tramples your liberties and prevents you from practicing your religion, or how your "freedom of religion" entitles you to a public university's money and recognition, I'd be very appreciative. ...pretty please?

Or, of course, if I'm misunderstanding your words, you could elaborate on that. Right now it feels like your argument is just "you're wrong", but I don't understand why it is that you think I'm wrong.
Assuming an answer
isn't really good practice

"Can you explain how this tramples liberties? Does it really prevent you from practicing your religion or from forming clubs? (the answer is no, it does not - it only prevents you getting university funding and recognition for your club). "

I'll thank you not to put words in my mouth. Especially illogical ones.
Ah. See, this would be a non-issue if this were a private club (which can discriminate however they like). The club in question is a university club, and it's the university's non-discrimination laws that it ran up against.

I've no idea which way the ruling will go..
No they don't have a right to university funding which is why private clubs shouldn't borrow from "the Don" in the first place.
Huh? I don't mean to affront you, but "religious freedom" has a specific legal definition. You're the one redefining it, not me.

Can you explain how this tramples liberties? Does it really prevent you from practicing your religion or from forming clubs? (the answer is no, it does not - it only prevents you getting university funding and recognition for your club).

So it comes down to this: Do you believe you have a *right* to university funding?

This is why I point out that "religious freedom" doesn't mean you get to do whatever you want. If your "free religious practice" means being getting gov't funding, you're probably out of luck.

PS - I'm undecided on the ruling.. but I lean towards letting each university decide for itself.
Ben, groups have rights as well as individuals and one of them should be the right to maintain their own internal rules.
Re-defining "religious freedom"
Won't change the fact that this tramples people's liberty.

As an aside, I don't chase after red-herrings and other logical fallacies.
Does your religion require that you be involved in *university* clubs? There are no other clubs that you can be involved in, and/or you can't form one yourself? (the lawsuit at hand is about a university's clubs mixing with the university's nondiscrimination policies).

Obviously, freedom of religion doesn't mean you can do whatever you like.. you can't dance naked in the town square, and Mormons have had their religious freedom restricted almost since they started.
So Ben
What if I like to practice my religion by being involved in clubs that insist elected leaders bide by certain principles?
Regarding the title..
.. this case doesn't have anything to do with freedom of religion (ie, whether the government will allow you to practice your religion as you like). It has to do with how to apply non-discrimination in government-funded groups. No matter which way this ruling goes, you can still practice your religion however you like.