9th Circuit Upholds Law School's Non-Discrimination Rules For Student Groups

Just one week after oral argument (see prior posting), the U.S. 9th Circuit Court of Appeals issued a one-paragraph decision in Christian Legal Society v. Kane, (9th Cir., March 17, 2009), upholding the right of Hastings College of Law to impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. Citing its decision last year in In Truth v. Kent School District, the court said:

The parties stipulate that Hastings imposes an open membership rule on all student groups—all groups must accept all comers as voting members even if those individuals disagree with the mission of the group. The conditions on recognition are therefore viewpoint neutral and reasonable.

Yesterday's San Francisco Chronicle reports on the decision.