The Supreme Court of the United States affirmed the decision of the United States Court of Appeals for the Ninth Circuit in Christian Legal Society v. Martinez, et al., signifying an important win in the country’s highest court for the College’s policy on recognition of student organizations and for higher education generally.
At issue was whether a public university could 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 at the University of California Hastings College of Law, 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.
In the ruling authored by Justice Ginsburg, the decision stated: “Compliance with Hastings’ all-comers policy, we conclude, is a reasonable, viewpoint-neutral condition on access to the student-organization forum.”
“We are very pleased with the Supreme Court’s decision, said Leo Martinez, acting chancellor and dean of Hastings College of Law. “The College’s intent has always been to ensure the leadership, educational and social opportunities afforded by officially recognized student organizations are available to all students attending public institutions. The Court’s ruling validates our policy, which is rooted in equity and fairness.”
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.
