Can a public university limit the provision of public funds and benefits to student groups that agree to abide by a longstanding policy? That is the argument before the U.S. Supreme Court in the case of Christian Legal Society v. Martinez.
Former Solicitor General Gregory Garre presented oral argument before the U.S. Supreme Court on behalf of the University of California’s Hastings College of the Law in Christian Legal Society v. Martinez April 19.
At issue is whether a public university may limit the provision of public funds and benefits to student groups that agree to abide by a longstanding policy of requiring all recognized student groups to open their membership to “any student… regardless of their status or beliefs,” thus ensuring that all students have equal access to all school-funded and school-recognized groups. The Christian Legal Society, which brought the lawsuit, was denied status as a registered student organization in 2004, when it refused to agree to comply with the law school’s open membership and insisted on the right to exclude students on the basis of their sexual orientation.
Garre argued that the school’s policy is constitutional because it is viewpoint neutral and reasonably seeks to ensure that all students enjoy equal access to all school-recognized and school-funded activities and that the school complies with its obligations under state law to prohibit discrimination in its own programs and activities, including on the basis of sexual orientation.
“We believe the Hastings policy ensures all students have equal access to all school-recognized and school-funded activities,” said Leo Martinez, acting chancellor and dean. “It guarantees the educational and social opportunities these registered organizations represent are available to all students. And it complies with the institution’s obligation under California law to prevent discrimination in its publicly funded programs and activities.”
Sixteen amicus curiae briefs were filed in support of Hastings College of the Law by diverse organizations, including the American Bar Association, National Education Association, the American Council on Education, the Association of American Law Schools, the States of Maryland, New Jersey, Vermont and the Commonwealth of Massachusetts and the U.S. Conference of Mayors.
The Supreme Court’s ruling is expected by the end of June.
