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

Posted on 08/07/2011 5:54:59 AM PDT by InvisibleChurch

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 (Aug. 2) that San Diego State University (SDSU)'s nondiscrimination policy for officially recognized campus groups is constitutional and does not violate the rights of two Christian groups. The policy is based on a nondiscrimination policy used at all the schools in the California State University system.

The two Christian groups, sorority Alpha Delta Chi and fraternity Alpha Gamma Omega, had sued SDSU in 2005, alleging the policy violated their free-speech and religious-freedom rights. In order 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 with the groups, 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."

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


TOPICS: News/Current Events
KEYWORDS: 9thcircus; churchandstate; firstamendment; freeexercise; religiousfreedom
Jesus Christ is the LORD
1 posted on 08/07/2011 5:55:05 AM PDT by InvisibleChurch
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To: InvisibleChurch

Does this mean any Muslim groups will have to allow Christians, Jews, females, and/or gays...?


2 posted on 08/07/2011 5:57:00 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: mewzilla
But thank goodness this ruling is from the 9th Circus.

Otherwise, I'd worry it might not be overturned :)

3 posted on 08/07/2011 5:58:15 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: mewzilla

Of course you can join a muslim group and disagree with their teachings

Of course, then they slit your throat


4 posted on 08/07/2011 6:01:13 AM PDT by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: InvisibleChurch

“...that is not unconstitutional in its intent...”
-
The court says you can write policy and rules that are unconstitutional,
as long as your intentions are good.
(obamacare, anyone?)


5 posted on 08/07/2011 6:03:01 AM PDT by Repeal The 17th (Proud to be a (small) monthly donor.)
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To: InvisibleChurch

Then the Black Caucus in Congress better be open to WHITES!


6 posted on 08/07/2011 6:04:18 AM PDT by Ann Archy (Abortion is the Human Sacrifice to the god of Convenience.)
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To: mewzilla

Until it is overturned, however, all gblt groups should be flooded with Christians talking about the utter depravity of man and the eternality of torment in hell. Maybe bring in two or three hundred evangelical students and vote themselves into the leadership positions.

Et tu Brute.


7 posted on 08/07/2011 6:04:44 AM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: mewzilla
Wonder if any curious reporter will run this scenario by the Gov. Christie's proposed judicial appointee?

I think I know the answer..... NOT LIKELY.

8 posted on 08/07/2011 6:07:06 AM PDT by pointsal
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To: MrEdd; silverleaf

And so Muslim groups don’t feel picked on, people of faith should rush to join any atheist groups on campus :)


9 posted on 08/07/2011 6:07:49 AM PDT by mewzilla (Forget a third party. We need a second one.)
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To: InvisibleChurch

In all fairness, these are sororities and frats. For those types of entities, I think there is court ordered openness all the way around and even ones based on whatever PC protected classes are open to whoever.

I am not saying I agree with the ruling, and some of the wording does seem fishy, but I am not agonizing YET over this ruling.


10 posted on 08/07/2011 6:10:46 AM PDT by nerdwithagun (I'd rather go gun to gun then knife to knife.)
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To: InvisibleChurch

That ruling is in violation of the constitution...the right to religious freedom...but, then again...who really thinks this government is American anyway?


11 posted on 08/07/2011 6:12:32 AM PDT by Wpin ("I Have Sworn Upon the Altar of God eternal hostility against every form of tyranny...")
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To: InvisibleChurch

,,,,,, “ OR THE FREE PRACTICE THERE OF “ ,,, I thought the constitution took care of this type of government intrusion ,,, but then again we’re talking about the commie 9th Circus court .


12 posted on 08/07/2011 6:14:35 AM PDT by lionheart 247365 ( -:{ GLENN BECK is 0bama's TRANSPARENCY CZAR }:-)
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To: mewzilla

Yepper- Christians should rush to join atheist and muslim groups and challenge their beliefs

It’s called “evangelizing”!

LOL!


13 posted on 08/07/2011 6:14:53 AM PDT by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: InvisibleChurch

Christian groups have always been open to nonChristians. The Christians hope to witness the good news. There is no point in doing it to each other only...........this seems obvious.


14 posted on 08/07/2011 6:15:40 AM PDT by yldstrk (My heroes have always been cowboys)
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To: yldstrk

But what happens when the leadership becomes non-Christian or anti-Christian?


15 posted on 08/07/2011 6:19:25 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: lionheart 247365
,,,,,, “ OR THE FREE PRACTICE THERE OF “ ,,, I thought the constitution took care of this type of government intrusion ,,, but then again we’re talking about the commie 9th Circus court .

It sort of strikes at the right of people to peaceably assemble if there's a court-dictated inclusion of folks whose chief desire is to disrupt that assembly.
16 posted on 08/07/2011 6:22:20 AM PDT by aruanan
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To: AppyPappy; yldstrk

The root of the problem is when Christian assemblies, fraternities, or whatever expect help and encouragement from government. We’re deluded to expect that to be something we can depend on. Look at church history. The tendency is always for the government to compromise and weaken the church, the closer they get to each other. We need to get used to being outside the system.


17 posted on 08/07/2011 6:23:54 AM PDT by Genoa (Starve the beast.)
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To: MrEdd

No, they would be expelled for promulgating hatred.


18 posted on 08/07/2011 6:26:10 AM PDT by trek
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To: AppyPappy

It is all up to God. If the leadership becomes Satanic, you will follow what God advises...........leave, start another group........God can’t lose you see because Satan was defeated at Calvary......


19 posted on 08/07/2011 6:30:37 AM PDT by yldstrk (My heroes have always been cowboys)
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To: yldstrk

We can’t be plucked from His hand but we can jump out.


20 posted on 08/07/2011 6:38:49 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: InvisibleChurch
In order 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.

I can't wait for the first White Supremecist to join a Black students college group! Given this ruling, they'd have to let him join. Or a member of Fred Phelps' church to join a gay/lesbian group!

Mark

21 posted on 08/07/2011 6:40:59 AM PDT by MarkL (Do I really look like a guy with a plan?)
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To: silverleaf
Of course, then they slit your throat... with impunity!
22 posted on 08/07/2011 7:03:15 AM PDT by j_tull (I may make you feel, but I can't make you think.)
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To: mewzilla

That is like saying everyone must get a Phi Beta Kappa if they want it upon graduation from college. Its like saying we must allow automobile mechanics to become members of the American College of Surgeons. What in hades is going on?


23 posted on 08/07/2011 7:26:25 AM PDT by Dudoight
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To: mewzilla

“Does this mean any Muslim groups will have to allow Christians, Jews, females, and/or gays...?”

Yes, but the 9th Circuit Court of Appeals will allow the Muslim groups to cut the heads off of these new members.


24 posted on 08/07/2011 7:31:47 AM PDT by RicocheT
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To: InvisibleChurch

Looks like we’re going back to the days when Christian groups had to be secret societies.


25 posted on 08/07/2011 7:35:20 AM PDT by Antoninus (Nothing that offends God can possibly be a legitimate right.)
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To: InvisibleChurch

Why do non-Christians want to join Christian groups? Do Christians serve better refreshments? (sarcasm added)


26 posted on 08/07/2011 7:37:01 AM PDT by LottieDah (If only those who speak so eloquently on behalf of animals would do so on behalf of the unborn.)
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To: LottieDah

Yes, they do! Go to a Knights of Columbus Fish Fry some time!
:)


27 posted on 08/07/2011 7:46:01 AM PDT by mrs. a (It's a short life but a merry one...)
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To: InvisibleChurch

Soooo, Christians should start joining non-Christian groups. Pray during meetings and introduce the topics of Jesus and the Bible.


28 posted on 08/07/2011 7:48:03 AM PDT by rfreedom4u (Muslims do not immigrate; they colonize.)
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To: Dudoight

the left knows that cannot win this issue; they just want to “stir the pot” - get us all upset


29 posted on 08/07/2011 8:15:09 AM PDT by ncpatriot
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To: mewzilla

Actually it does, *if* they take advantage of the opportunity.

For example, if before an election of the Muslim student union officers, hundreds of Christian students joined, as a group, the MSU would be, by law, obligated to admit them, especially if accompanied by Landmark Legal Foundation lawyers to the school administration building, first. Then the Christian students could vote their own officers to the Muslim student union, and make some resolutions and policy changes, such as:

Zionism is peachy. Israel is recognized as an independent nation with full sovereignty over its lands and holy places, and a right to self defense.

Speakers that advocate violence in any form will no longer be invited to the university to speak by the MSU.

Money collected by the MSU for the purposes of charity will now only be given to non-sectarian organizations that advocate the promulgation of equal rights and freedom in Muslim nations, and those organizations devoted to ending slavery in the world.


30 posted on 08/07/2011 8:43:14 AM PDT by yefragetuwrabrumuy
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To: InvisibleChurch

The Court can shove it up their Reinhardt.


31 posted on 08/07/2011 8:59:36 AM PDT by onedoug
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To: InvisibleChurch
"But the fact that a 'regulation has a differential impact on groups wishing to enforce exclusionary membership policies' does not render it unconstitutional.

Wait! So "disparate impact? is actually legal? Who knew?

32 posted on 08/07/2011 10:48:25 AM PDT by chesley (Eat what you want, and die like a man.)
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To: InvisibleChurch
Down in the article the court orders a lower court to revisit the implementation of the rule as applies to other student organizations. Those mentioned include an African theater group whose rules allow only African born members on its board. How does this not fall under the same rule?
33 posted on 08/07/2011 8:47:15 PM PDT by WePledge (Ich werde fur immer ein Hollenhund werden. Semper Fidelis)
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To: InvisibleChurch
Down in the article the court orders a lower court to revisit the implementation of the rule as applies to other student organizations. Those mentioned include an African theater group whose rules allow only African born members on its board. How does this not fall under the same rule?
34 posted on 08/07/2011 8:47:22 PM PDT by WePledge (Ich werde fur immer ein Hollenhund werden. Semper Fidelis)
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