Christian Legal Society v. Martinez (Hastings Law School case)

This case is currently before the Supreme Court and the decision should be out soon.

Here is a summary of the case prepared by the CLS:

Recent Developments
Oral Argument April 19, 2010: Find the transcript archived here. Christian Legal Society filed its Reply Brief on April 2, 2010. Appendices to the brief are also available: Appendix A and Appendix B. On February 4, 2010, numerous Amici Curiae filed briefs in the U.S. Supreme Court in support of CLS. These briefs are available here. The Brief for Petitoner was filed in the U.S. Supreme Court on January 28, 2010. Click here to download the brief. On December 7, 2009, the U.S. Supreme Court granted CLS's petition for certiorari. Click here for Press Release and quotes.
Summary of Case
The Christian Legal Society (CLS) chapter at the University of California - Hastings College of the Law filed a lawsuit on October 22, 2004, against school officials who denied recognition to the group because the chapter requires its officers and voting members to adhere to the CLS Statement of Faith. This was not the first time a state university had discriminated against CLS (for other examples of this discrimination, click here).
The CLS chapter asked school officials in early September 2004 to exempt the group and other religious student organizations from the religion and sexual orientation portions of the university's nondiscrimination policy. As applied to CLS, this nondiscrimination policy would force the chapter to allow persons who hold beliefs and engage in conduct contrary to the CLS Statement of Faith, which includes a prohibition on extramarital sex, to join as voting members and to run for officer positions. School officials denied this request and stripped the chapter of recognition and the benefits of recognition, including student activity fee funding.
In its lawsuit CLS alleges that UC Hastings' exclusion of its chapter violates, among other constitutional rights, CLS' right of expressive association and CLS' right to be free from viewpoint discrimination.
CLS argues that is a violation of the right of expressive association to force a religious student organization to accept officers and voting members who hold beliefs and engage in conduct in opposition to the group's shared viewpoints, thereby inhibiting the group's ability to define and express its message.
CLS also argues that it is a violation of the right to be free from viewpoint discrimination to impose the above requirement on a religious student organization while permitting every other recognized student organization on campus to limit its officers and voting membership to persons who agree with the group's shared viewpoints.
On cross motions for summary judgment, the district court ruled in favor of defendants, including school officials and Hastings Outlaw, a recognized student organization, on April 2006. CLS appealed this ruling. A panel of the Ninth Circuit Court of Appeals heard oral argument in this case on March 10, 2009. The panel consisted of Chief Judge Alex Kozinski, Judge Proctor Hug, Jr., and Judge Carlos T. Bea. The panel affirmed the district court's opinion, ruling against CLS in an unpublished disposition on March 17, 2009.
On May 5, 2009, CLS filed a petition for writ of certiorari in the Supreme Court, seeking a reversal of the Ninth Circuit's decision against CLS.
The Christian Legal Society's Center for Law & Religious Freedom and the Alliance Defense Fund represent the CLS chapter, and attorneys Timothy Smith and Stephen Burlingham are serving as local counsel.

And here is a great post from ReligionVlause on the case:

Advocacy Groups React To CLS v. Martinez

Many advocacy groups and interested parties have issued statements on yesterday's Supreme Court decision in Christian Legal Society v. Martinez. Here is a sampling:

• ACLU
• Alliance Defense Fund
• American Center for Law & Justice
• American Jewish Committee
• Americans United for Separation of Church and State
• Baptist Joint Committee
• Becket Fund for Religious Liberty
• Christian Legal Society
• Foundation for Individual Rights in Education
• Hastings College of Law
• Interfaith Alliance
• Union of Orthodox Jewish Congregations

Citizens Link suggests that the decision may have limited impact because few if any other schools have an "all-comers" rule for student groups. Most have a rule that bars discrimination on specified grounds, such as race, religion, gender and sexual orientation. The majority avoided passing on the constitutionality of this sort of rule. The Chronicle of Higher Education also reviews reactions to the decision.

And here is an article: Toni M. Massaro, Christian Legal Society v. Martinez: Six Frames, (Arizona Legal Studies Discussion Paper No. 10-27, Aug. 12, 2010).