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9th Circuit: University Can Force Christian Groups Open to Non-Christians.
Christianity Today ^ | 8/5/11 | Morgan Feddes

Posted on 08/06/2011 6:26:09 AM PDT by ZGuy

A federal appeals court ruling this week could significantly diminish public university religious groups' ability to restrict membership and leadership to students who agree with their teachings.

The 9th Circuit Court of Appeals ruled Tuesday that San Diego State University's nondiscrimination policy for officially recognized campus groups is constitutional. The policy is based on a nondiscrimination policy used at all the schools in the California State University system.

Two Christian groups sued SDSU in 2005, alleging the policy violated their free-speech and religious-freedom rights. For the groups to be recognized as official campus groups, they were required to allow all students to be members, even if their beliefs were contradictory to the group's beliefs.

The three-judge panel disagreed, stating the policy is a "rule of general application" that is not unconstitutional in its intent. "[We] do not doubt that, regardless of [SDSU]'s purpose in enacting its nondiscrimination policy, the policy will have the effect of burdening some groups more than others," circuit judge Harry Pregerson wrote in the panel's decision. "But the fact that a 'regulation has a differential impact on groups wishing to enforce exclusionary membership policies' does not render it unconstitutional. … Any burden on religion is incidental to the general application of the policy."

The Ninth Circuit is the first court of appeals to make a decision in a case like this since the Supreme Court handed down a ruling last year that the Hastings College of Law in California could require student groups to open membership and leadership to all students, even critics.

The school says campus groups cannot restrict membership or leadership positions "on the basis of race, sex, color, age, religion, national origin, marital status, sexual orientation, physical or mental handicap, ancestry, or medical condition, except as explicitly exempted under federal law."

(Excerpt) Read more at christianitytoday.com ...


TOPICS: Culture/Society; Government; US: California
KEYWORDS: 1stamendment; 9thcircuit; 9thcircus; campusgroups; christianstudents; college; discrimination; diversity; fourthamendment; freeassociation; freedomofreligion; freespeech; highereducation; hypocrisy; moralabsolutes; multiculturalism; nondiscrimination; protectedclass; religion; religiousfreedom; ruling; sdsu; universities

1 posted on 08/06/2011 6:26:13 AM PDT by ZGuy
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To: ZGuy

The right to free association is dead.


2 posted on 08/06/2011 6:28:16 AM PDT by fwdude
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To: ZGuy

So, then can Jews and Christians join Muslim organizations too?


3 posted on 08/06/2011 6:29:21 AM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: ZGuy

That ruling makes perfect sense (for the 9th circuit).

Time to put training wheels on that court until they learn the U.S. Constitution, or at least the Cliff Notes version of it.


4 posted on 08/06/2011 6:29:24 AM PDT by Sporke (USS-Iowa BB-61)
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To: ZGuy

When some of the liberal student groups get punked by conservatives clamoring to join (and it won’t be long) they’ll be squealing to the deans to rescind that policy.


5 posted on 08/06/2011 6:29:24 AM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: ZGuy

Does this apply to Muslim groups as well?


6 posted on 08/06/2011 6:30:56 AM PDT by Rumplemeyer (The GOP should stand its ground - and fix Bayonets)
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To: ZGuy
So whites can flood the black students’ association and Christians can join the Muslim Students’ Association and destroy them through dilution of their membership? This ruling cuts both ways.
7 posted on 08/06/2011 6:31:33 AM PDT by Truth29
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To: fwdude

I think the key is, that it’s on Uncle Sam’s dime. Pay the piper, call the tune. Yeah, they could get slapped by the USSC as many a time before. But conservative students can stop this at a local level PDQ by punking liberal groups that now have to be open to them.


8 posted on 08/06/2011 6:31:41 AM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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To: Truth29

They can, but conservatives don’t do things like that.


9 posted on 08/06/2011 6:38:15 AM PDT by MNDude (so that's what they meant by Carter's second term)
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To: fwdude
Only if you want to have free association funded with public money.
10 posted on 08/06/2011 6:38:44 AM PDT by starlifter (Pullum sapit)
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To: Hodar
So, then can Jews and Christians join Muslim organizations too?

Exactly what they should now make a point to do.

11 posted on 08/06/2011 6:42:40 AM PDT by Albion Wilde (To ACLU & its plaintiffs: Stop dragging the public into your personal struggle w/ God. -Mark Baisley)
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To: fwdude
I would think the Christian organizations would consider divesting themselves of the yoke of government support and form groups that don't rely on campus facilities/resources - that is the Christian way.

While it sucks that Satan is having his way, the Lord said it would be so and we waste time and energy fighting this system - Christians can do more good by finding a way to unfetter themselves and not paying so much attention to worldly roadblocks. Satan will rule the worldly until Jesus returns to straighten him out - the Lord has said as much, yet we continually beat our heads against the wall trying to resist the evil that Jesus told us not to resist.

As citizens, we can campaign/lobby/vote - as Christians, we need to find the separation of worldly things and the Good News we are supposed to be spreading.

12 posted on 08/06/2011 6:44:54 AM PDT by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: ZGuy

Well, then,...turn-about is fair play.


13 posted on 08/06/2011 6:46:44 AM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their VICTORY!)
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To: ZGuy

Straights should join the gay clubs en masse.


14 posted on 08/06/2011 6:47:26 AM PDT by AU72
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To: ZGuy

Will they support heterosexuals joining homosexual groups??


15 posted on 08/06/2011 6:49:53 AM PDT by KosmicKitty (WARNING: Hormonally crazed woman ahead!!)
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To: ZGuy

Wait until a group of KKKers try to join a black student group. You’ll hear a completely different decision then.


16 posted on 08/06/2011 6:53:55 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: ZGuy
9th Circuit: University Can Force Christian Groups Open to Non-Christians.

I've been a Christian for more than 50 years ... and I've been a part of and/or attended numerous "Christian Groups" ... and I've yet to see one which was not open to non-Christians.

In fact, every Christian Group that I'm familiar with specifically reaches out and hopes to touch non-Christians.

Therefore, it seems to me that this 9th Circus ruling is about as silly and meaningless as anything else the government has coming out of California these days.

17 posted on 08/06/2011 7:01:32 AM PDT by Zakeet (If it ain't broke, the Wee Wee will fix it until it is)
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To: ZGuy

No First Amendment in the 9th Circuit?


18 posted on 08/06/2011 7:04:53 AM PDT by Brilliant
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To: ZGuy

How can you have “Freedom of Religion” if the government can dictate the makeup and rules of said religion? Isn’t this what we left England to get away from, domination of church/government?


19 posted on 08/06/2011 7:08:00 AM PDT by FrankR ("If you can't make them see the light, let them feel the heat." - R. Reagan)
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To: trebb

Bullsh.. Christians are taxpaying citizens who are having their rights circumscribed by the government to which they pay taxes. Rest assured, this decision will be overturned in the Supreme Court.


20 posted on 08/06/2011 7:29:23 AM PDT by Melchior
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21 posted on 08/06/2011 7:39:54 AM PDT by DJ MacWoW (America! The wolves are here! What will you do?)
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To: ZGuy

I don’t know everyone seems to be upset about this. Now I can be the Catholic Church’s first Protestant cardinal.


22 posted on 08/06/2011 7:42:47 AM PDT by Upbeat
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To: Zakeet

Open to non-Christians and open to Trojans intent on destroying from within is quite different. No Christian group, or any other group for that matter, wiccans, Catholics, Hindus, or athiests, would allow someone who fundamentally disagreed with the organizations bedrock principals to have a meaningful say in the direction of the organization. What is happening on campuses is liberals are attempting to infiltrate or blatantly break into Christian organizations for the sole purpose of running them off campus.


23 posted on 08/06/2011 7:45:22 AM PDT by flying Elvis ("In...War, the errors which proceed from a spirit of benevolence are the worst" Clausewitz.)
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To: ZGuy

Cool, know I can join the black and Islamic Unions on campus.


24 posted on 08/06/2011 7:48:38 AM PDT by stocksthatgoup
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To: KosmicKitty

I can hear the screams of intolerance when a bunch of straights take over the LGBT(whatever)Club and bring in speakers on how to get out of the Gay lifestyle.


25 posted on 08/06/2011 8:08:11 AM PDT by super7man
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To: Zakeet
it seems to me that this 9th Circus ruling is about as silly and meaningless as anything else the government has coming out of California these days.

I have not read the decision and so I cannot take a side at this point, but in terms of facts you must keep in mind that it is the Christian group that brought the suit to be permitted to close its doors.

26 posted on 08/06/2011 8:22:11 AM PDT by AndyJackson
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To: ZGuy

I don’t know, it seems like it could be a good thing for a Christian to have a non-Christian wanting to hang out with him. it would be a good time and place to influence them toward Christ.


27 posted on 08/06/2011 8:31:56 AM PDT by Texas Gal
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To: Truth29
"So whites can flood the black students’ association and Christians can join the Muslim Students’ Association and destroy them through dilution of their membership? This ruling cuts both ways."

And if those clubs are smart, they won't say a word. I am a conservative white male, but if you looked at my resume from Law school organizations that I belonged to, you would conclude that I was a liberal black female. I had a lot of fun and we all got along pretty well. Having said that, I did go to a pretty conservative law school, e.g. the president of the Environmental law forum loved fox hunting with all the bells and whistles (horses, hounds, horns, etc...). And yes, she did look pretty good in her "whites and reds."

28 posted on 08/06/2011 9:06:13 AM PDT by fini
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To: HiTech RedNeck; starlifter; trebb
It is patently insane to force the acceptance of members to a group who are diametrically opposed to that groups core values, publicly funded or not.

And this is where the Left really gets creative; with it's contrived definition of "public." It's becoming increasingly obvious that the Left considers anything with even a tangential relationship with the government to be "public." So, walking on a sidewalk to a private club meeting can be arguably deems as "publicly funded" to the moonbats.

29 posted on 08/06/2011 12:51:04 PM PDT by fwdude
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To: Zakeet

You do get the entire point of “force” versus “allowance,” right?


30 posted on 08/06/2011 1:01:22 PM PDT by fwdude
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To: HiTech RedNeck; All
The groups are just "officially recognized" by the university. If you think they actually get any student dues you're likely mistaken.

Their "benefits" are likely limited to posting rights on campus announcing meetings/events or an ability to lease a booth during student orientation.

Students fees are sucked up by sports, primarily to cover hundreds of thousands in insurance premiums for traveling teams.

Sports neatly avoid these inclusion rules by having "try outs" and thus limiting their rosters legally. Title IX lets them escape co-ed sports by having separate-but-equal programs for men and women (but wait, that's not necessarily require now either). Where transgender players are supposed to go, I'm not sure. I digress.

This ruling means any group can be taken over by organized disruptors. A Christian group can be overrun by angry atheists and destroyed from within. In theory, a gay club could be overrun by traditional marriage proponents and so forth.

We'll see how that goes or whether this is another case of "some are more equal than others" where anything deemed dominant, male or mainstream must be inclusive to its own dilution and peril while anything deemed minority can be exclusionary to protect and strengthen its unique identity and preserve diversity.

Women fall into the second group despite being more than half the population. It's all about balancing the tyranny of the evil patriarchy of course. /s

I suggest students TEST this ruling by joining clubs they wouldn't otherwise and see if they're tossed out for disagreeing because--gasp--they're accused of creating a hostile environment threatening to a favored group.

31 posted on 08/06/2011 4:27:28 PM PDT by newzjunkey (the circular firing squad has got to end now)
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To: Zakeet

I believe non-Christians were trying to infiltrate the leadership positions.


32 posted on 08/06/2011 4:30:11 PM PDT by Politicalmom ("President Fox's vision for an open border is a vision I embrace"- Rick Perry)
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To: ZGuy

I must ping this tomorrow.


33 posted on 08/06/2011 9:53:40 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks ZGuy.


34 posted on 08/06/2011 10:52:03 PM PDT by SunkenCiv (Yes, as a matter of fact, it is that time again -- https://secure.freerepublic.com/donate/)
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To: Hodar

>> So, then can Jews and Christians join Muslim organizations too?

No, you can’t do that. That’s crusading.


35 posted on 08/06/2011 10:56:10 PM PDT by Gene Eric (May our dreams converge for a free and prosperous nation.)
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To: newzjunkey

Well, the dime goes to the overall university environment. I don’t think anything consensual between students carried on and advertised entirely outside campus would fall under even this ruling, but who knows.


36 posted on 08/07/2011 1:01:02 AM PDT by HiTech RedNeck (There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
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