Recently a California federal district court decided Christian Legal Society v. Kane, 2005 WL 850864 (N.D. Cal., 4/12/2005). The case rejects some of the constitutional claims asserted by the Hastings Christian Fellowship (HCF) against the San Francisco-based Hastings Law School.
Part of a number of similar suits around the country brought by law-school affiliates of the Christian Legal Society, HCF seeks the right to be recognized as a student organization even though gay and lesbian students are denied membership in the organization. HCF requires all members to agree to a Statement of Faith that it interprets as prohibiting sexual conduct between members of the same sex. The Gay City News reports today on Judge Jeffrey S. White's opinion that upholds the law school's non-discrimination policy against Establishment Clause, Due Proces and Equal Protection Clause attacks. Still pending are HCF's claims that the Free Exercise Clause protects it in its furtherance of its religious beliefs about Christianity and homosexuality.
Watch for more analysis of this case on Religion Clause in postings early next week.
