On Monday, in Christian Legal Society v. Walker, the US Seventh Circuit Court of Appeals in a 2-1 decision granted an injunction to the Christian Legal Society to reinstate it as a registered student organization at Southern Illinois University School of Law, pending resolution of its appeal of the trial court's denial of a temporary injunction. Its status as a recognized student organization had been revoked because the CLS refused to comply with the school's policy prohibiting recognized student groups from discriminating on the basis of sexual orientation. (See prior related postings 1, 2.)
CLS claimed that it had a First Amendment right to require its officers and members to adhere to its statement of orthodox Christian beliefs, including the Bible's prohibition on homosexual conduct. The majority opinion said that granting the injunction while the appeal was pending would not irreparably harm the law school, while a denial of CLS's First Amendment rights is presumptively irreparable injury. The majority also said it was unclear exactly what university policy CLS was violating. Alliancee Defense Fund which represented CLS issued a release praising the decision.
