Monday, June 28, 2010

Supreme Court and Gay Rights

This is from

An ideologically split Supreme Court ruled Monday that a law school can legally deny recognition to a Christian student group that won't let gays join.

The court turned away an appeal from the Christian Legal Society, which sued to get funding and recognition from the University of California's Hastings College of the Law.

The CLS requires that voting members sign a statement of faith and regards "unrepentant participation in or advocacy of a sexually immoral lifestyle" as being inconsistent with that faith.

But Hastings said no recognized campus groups may exclude people due to religious belief or sexual orientation.

The court on a 5-4 judgment upheld the lower court rulings saying the Christian group's First Amendment rights of association, free speech and free exercise were not violated by the college's decision.

In my waning days at Duke Divinity School, the administration forced this very same kind of legalism.

Would this stand in a court of law, even with a private institution? Can private, religious organizations discriminate on the basis of sexual orientation if they receive federal dollars in the future? They can today...but will they be able to discriminate in the future?

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