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Copyright, 2014
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July 19, 2010
Judge Tom
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2

High Court strengthens protection of gays

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A California law school refused to recognize a Christian student group that refused membership to gays. The Christian Legal Society was an organization of Christian lawyers and law students. They applied for recognition on the campus of Hastings College of Law. The benefits of being an official campus organization included access on campus to a meeting place, communication opportunities through the law school’s newletters and e-mail and eligibility to apply for funding from student activity fees.

Photo by David Goehring

The Christian Lawyers Society required it’s members to agree to it’s “statement of faith.”  The statement involves “a shared devotion to Jesus Christ.” It says that “unrepentent participation in or advocacy of a sexually immoral lifestyle is inconsistent in the groups’ beliefs.”  The law school’s policy included non-discrimination on the basis of religion or sexual orientation.  Allowing the Society to become an official organization at the school would violate their non-discrimination policy.

The Society sued the law school alleging violation of it’s rights of free speech, free exercise of religion and equal protection of the law. In June, 2010, the Supreme Court issued it’s decision in favor of the law school.* In the 5/4 decision, the Court upheld the school’s non-discriminatory policy as a reasonable, viewpoint-neutral condition on access to the student-organization forum.

*C.L.S.  v.  Martinez (case #08-1371, June 27, 2010)

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Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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