Christian Legal Society v. Martinez

On June 28, 2010, the U.S. Supreme Court rendered an opinion on "Christian Legal Society v. Martinez" such that recognized student organizations at public institutions must allow all students to participate regardless of the student's status or beliefs. One student organization, the Christian Legal Society (CLS) at the University of California, Hastings College of Law, required members to subscribe to a "Statement of Beliefs" that includes a pledge for sexual purity. The purity pledge prohibits all kinds of sexual activity outside of marriage, whether heterosexual or homosexual. Hastings denied CLS recognition as a student organization. The beliefs and behavior at issue were those of homosexual students.

This decision will mandate that all school-approved groups allow all students at Hastings College of Law to accept anyone as a leader or member, even if they openly disagree with the group's tenets. Will Democratic student clubs really accept Republicans as leaders? Will Hillel, a national Jewish campus group, embrace Muslim students as voting members? Will Sierra Club chapters follow student leaders who deny global warming? Student groups representing affinity groups such as sororities, Latinos, atheists, or the LGBT community would be required to admit anyone and everyone into their inner circles. Sororities, for example, would have to admit male students.

CLS v. Martinez raises many questions. If religious student groups hold fast to their beliefs and adhere to sexual holiness standards, will they be relegated to second class status? Does this case represent yet another step in the secularization of American society? Will questions of faith be further marginalized?

The church has always had a touch-and-go relationship with civic authorities. Paul's experiences in court were clearly mixed. James and Peter did not fare well with judges either (not to mention Joseph and Daniel). During the first three centuries of the church's existence--as the new faith grew rapidly--public opposition was strong.

As the people of God, we believe in a sovereign God. His purposes will be accomplished whatever obstacles present themselves. While Scripture encourages us to pray for our governing officials, we are reminded that this world is not our home. Christ, not Caesar, is our Lord, our hope, and our salvation. If in the worst case scenario Christian groups would not be recognized, God's mission would continue. Student groups would no longer have access to new freshman students, meeting facilities and communications on par with secular student groups.

In theory, Christian Legal Society v. Martinez could be a very important case, with both sides worried about discrimination. UC-Hastings wants to ensure that students aren't discriminated against in any campus context on the basis of sexual orientation, religion, gender, race, or handicap. The Christian Legal Society (CLS) chapter says the school's policy that it must open its leadership to those who disagree with its core beliefs is discriminatory. How far can a public college go in trying to ensure equality of educational opportunity for all students, before it winds up intruding on the private beliefs of a group that is not completely open to all?