Supreme Court To Hear All-Comers Policy Case The U.S. Supreme Court hears arguments in a case testing whether state colleges and universities can deny official status and subsidies to student groups that bar gay and other groups from membership. The case could affect public institutions across the country.
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Supreme Court To Hear All-Comers Policy Case

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Supreme Court To Hear All-Comers Policy Case

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Supreme Court To Hear All-Comers Policy Case

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RENEE MONTAGNE, Host:

This is MORNING EDITION from NPR News. I'm Renee Montagne.

STEVE INSKEEP, Host:

The case could affect public colleges and universities across the country. The court will rule on a campaign by Christian activists who contend that their rights are violated on campus by secular rules. Here's NPR legal affairs correspondent Nina Totenberg.

NINA TOTENBERG: The Christian Legal Society has long had a Hastings chapter that was recognized as a registered student organization, but in 2004, the group affiliated with the national Christian Legal Society and changed its policy to exclude as members anyone is gay, lesbian, or anyone who participates in or advocates premarital sex.

MONTAGNE: When we did that, the director of student services said that the statement of faith in our bylaws violated their rules against discrimination on the basis of religion and sexual orientation.

TOTENBERG: Isaac Fong is a former chairman of the Hastings chapter of the Christian Legal Society.

MONTAGNE: In practice, this meant that CLS was rendered invisible on campus. CLS was denied the ability to communicate with students or to have a physical presence on campus, and that caused the members of CLS to diminish to the point that there are only a few students left now.

TOTENBERG: Indeed, CLS did stipulate in court that the school does have an all-comers policy. So, the core of today's case is whether religious beliefs can trump a neutral school policy that applies equally to everyone. Hastings dean Leo Martinez.

D: All student groups are required to abide by our nondiscrimination policy. And we are not forcing any particular group or any person to accept that as their belief. However, they're simply not entitled to state or public funding.

TOTENBERG: But Stanford law professor Michael McConnell, representing the Christian Legal Society, says the CLS policy is not discriminatory.

INSKEEP: Not in the sense of being an invidiously discriminatory policy. There is absolutely nothing wrong with groups of Americans gathering together around shared beliefs. It's OK for feminists to have a feminist club. It's OK for environmentalists to have an environmentalists club, and it's OK for Christians to have a Christian club. That isn't discrimination. It's freedom of association.

TOTENBERG: Representing Hastings, lawyer Gregory Garre counters that there's nothing that prevents a group from forming around shared beliefs and expressing those beliefs on campus. But if the group wants official recognition and funding, it has a choice.

MONTAGNE: If they wish to discriminate in their membership and to deny access to certain students, they're free to do that as well, but they have to forgo status as a school-recognized and school-funded group. What CLS is really seeking here is a special status, which is the funds and benefits that go along with being a school-funded and school-recognized group, with an exemption from the rules that apply to every other group.

TOTENBERG: CLS lawyer McConnell disagrees.

INSKEEP: It cannot be true that governmental units can deny whatever they classify as benefits, no matter how essential those benefits may be to the survival of an expressive association, on the basis of whatever they label discrimination. That would mean that tax-exempt status could be denied to, you know, Orthodox synagogues because they segregate men from women.

TOTENBERG: But Gregory Garre counters that this is not a case about churches and synagogues. It is a case about public universities, subsidized by the taxpayers in an educational mission. If openly discriminatory membership policies must be subsidized, he contends, that would apply to much more than just religious groups.

MONTAGNE: Groups are free to form around their own viewpoints and to have their own membership policies, but when they choose to become a school-recognized and school-funded group, they have to comply with Hastings' open membership rule.

TOTENBERG: Nina Totenberg, NPR News, Washington.

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