Today, the U.S. Supreme Court, in a 5-4 decision, affirmed the University of California-Hastings’ decision to deny funding to student groups that discriminate against its LGBT students. In rejecting the Christian Legal Society’s First Amendment challenge, the Court concluded:

 

“Compliance with Hastings’ all-comers policy...is a reasonable, viewpoint-neutral condition on access to the student-organization forum. In requiring CLS—in common with all other student organizations—to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations. CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings’ policy. The First Amendment shields CLS against state prohibition of the organization’s expressive activity, however exclusionary that activity may be. But CLS enjoys no constitutional right to state subvention of its selectivity.” Click here to read the entire decision.

 

The National LGBT Bar Association applauds today’s historic decision as a victory for LGBT law students across the country. Tomorrow, the LGBT Bar will be hosting a national call-in to discuss the case. The 30-minute call will be led by Shannon Minter (Legal Director for the National Center for Lesbian Rights which represented the Hastings' LGBT law student group) and Benjamin Gruenstein, an associate with Cravath, Swaine and Moore LLP who helped write the LGBT Bar’s amicus brief in the case.

 

Tuesday, June 29, 2010   |   3:00-3:30pm EDT

 

In 2004, the Christian Legal Society’s chapter at the University of California-Hastings filed a lawsuit after the school denied a funding request because of the group’s anti-LGBT discrimination policy. The question before the Court was whether the “Constitution allows a state law school to deny recognition to a religious student organization because the group requires its officers and voting members to agree with its core religious viewpoints.”

 

Earlier this year, the National LGBT Bar Association and its Law Student Division teamed up with 55 LGBT law student groups at our nation’s top law schools to file an amicus brief in Christian Legal Society v. Martinez. Click here to read the LGBT Bar’s brief defending the University and their anti-discrimination policy. The LGBT Bar would like to thank our hardworking team at Cravath, Swaine and Moore LLP, especially Michael T. Reynolds, Benjamin Gruenstein, and James Derek Mize. The LGBT Bar would also like to thank the 55 LGBT law student organizations for taking part in this historic opportunity.