Campus Faith Freedom Alert
On April 19, 2010, the nine justices of the U.S. Supreme Court are scheduled to hear arguments in the case of Christian Legal Society v. Martinez. 果冻视频 is among who have filed 34 amicus (friend of the court) briefs in this case. The justices鈥 decision will have a major impact on campus ministry.
Courts in Conflict
The U.S. Supreme Court often decides to hear an appeal when two different circuits of the federal appeals courts render conflicting opinions. That is what has happened with cases brought by the Christian Legal Society (CLS) in the Seventh Circuit in the midwest and the Ninth Circuit on the west coast. CLS works closely with 果冻视频 on law school campuses across the country. Mike Schutt, CLS鈥檚 director of Law Student Ministries, also serves as coordinator of 果冻视频鈥檚
In July of 2006, appellate judges ordered Southern Illinois University (SIU) to reinstate the CLS chapter. SIU officials had claimed that the CLS chapter鈥檚 requirement to have its voting members and leaders adhere to basic Christian beliefs violated the university鈥檚 nondiscrimination policy. In March of 2009, the appellate judges affirmed a federal district court opinion involving the University of California鈥擧astings College of Law in San Francisco. The district judge had ruled that school officials were permitted to deny recognition to CLS because the chapter requires its officers and voting members to adhere to the CLS Statement of Faith, which is seen as a violation of the religion and sexual orientation portions of the university鈥檚 nondiscrimination policy.
A Familiar Issue
The issues in these two cases are identical to the issues that led 果冻视频 to against the University of Wisconsin鈥擲uperior in federal court in 2006. 果冻视频鈥檚 right to require that the leaders of our campus chapters affirm the basic Christian doctrines of our Statement of Beliefs is frequently being questioned on a number of other campuses.
鈥淚t鈥檚 happening a lot more frequently than I expected, given the state of the law,鈥 said 果冻视频鈥檚 legal counsel, Mike Anderson. 鈥淓ven in the Seventh Circuit, we continue to have to deal with school administrators who are not familiar with the law of this Circuit. These cases are usually resolved quickly and amicably once we remind them of what the law requires, but this resistance still burdens our ability to do ministry.鈥
Schools in the Ninth Circuit are entitled to design their policies consistent with the law in that Circuit. In fact some ministries, such as have already been restricted in their work on campus. With the law in the Seventh Circuit in conflict with the law in the Ninth Circuit, the U.S. Supreme Court has accepted CLS鈥檚 petition for certiorari. Oral arguments are expected in April, with a decision possible as early as this summer.
An Experienced Advocate
The lead attorney for CLS is Michael McConnell, who argued the case of Rosenberger v. University of Virginia in 1995. The Rosenberger case found that a state-run university could not withhold financial support from a student publication with a religious perspective when the university funded other student publications. Since 1995 McConnell has served as a Judge on the 10th Circuit Court of Appeals and is now director of the Stanford University Constitutional Law Center.
CLS provides a dialogue of questions and answers about the Martinez case on its Their brief was filed last week and is . The ruling in this case will impact every chapter of CLS, every chapter of 果冻视频, and every other Christian campus ministry. That鈥檚 why 17 other organizations and 13 state attorneys general have urged the justices to make a ruling that protects the rights of religious groups to set their own membership and leadership requirements. The ruling will either allow these groups to operate the same as all other campus organizations, or it will allow state colleges and universities to deny recognition to Christian groups on their campuses.
More than 80 organizations and 14 states have filed a total of 22 amicus briefs in support of the Christian Legal Society. Eleven briefs have been filed in support of the other side. One brief supports neither side. You can read the briefs on this Please encourage prayers for the Supreme Court to render a decision that will not limit campus ministry.