A settlement agreement (full text) was reached last week in Christian Legal Society v. Eck, a case challenging the University of Montana Law School's denial of recognition as a student group to Christian Legal Society because the group's membership policies violate the Student Bar Association's policy that recognized student groups must be open to all law students. CLS requires that students, in order to be voting members, sign a Statement of Faith. It also treats "unrepentant participation in or advocacy of a sexually immoral lifestyle" as inconsistent with the required Statement. In 2009, a federal district court upheld the law school's policy as viewpoint neutral. (See prior posting.) That decision was on appeal to the 9th Circuit. (See prior posting).
Under the settlement agreement, CLS will continue to be able to use law school facilities, including use of the law school's website and bulletin boards to communicate with students. The Student Bar Association agrees to apply specified viewpoint neutral criteria in preparing its budgets for funding of student organizations. Pursuant to the agreement, appellants on Wednesday moved to voluntarily dismiss their 9th Circuit appeal. Yesterday's Chronicle of Higher Education reports on the decision.
