BreakPoint Blog
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Freedom of Religion in Question By: Angelise Anderson|Published: April 23, 2010 4:25 PM 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:
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?
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.
"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.
I've no idea which way the ruling will go..
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.
As an aside, I don't chase after red-herrings and other logical fallacies.
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.