9th Circuit: University Can Force Christian Groups Open to Non-Christians

Christianity Today ^ | 8'5'11 | Morgan Feddes

[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."

[MarkL]

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

[j_tull]

Of course, then they slit your throat... with impunity!

[Dudoight]

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?

[RicocheT]

“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.

[Antoninus]

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

[LottieDah]

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

[mrs. a]

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

[rfreedom4u]

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

[ncpatriot]

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

[yefragetuwrabrumuy]

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.

[onedoug]

The Court can shove it up their Reinhardt.

[chesley]

"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?

[WePledge]

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?

[WePledge]

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?