Advocates Case Paves Way to the U.S. Supreme Court

In a little over a month, on April 19, 2010, the United States Supreme Court will hear oral arguments in a case entitled Christian Legal Society v. Martinez.  The Supreme Court will consider whether a university can refuse to officially recognize a student organization solely because it requires that members and officers of the organization sign a statement of faith.  The University of California, Hastings College of Law requires all registered student organizations to comply with a California law stating that the organization must allow “any student to participate, become a member, or seek leadership positions, regardless of their status or beliefs.”  Christian Legal Society (“CLS”) requires its members to attest in writing that, among other things, “Jesus Christ, God’s Son, is Lord of my life.”  

This case found its way to the United States Supreme Court through the Ninth Circuit Court of Appeals.  The Ninth Circuit ruled against CLS and relied on its prior ruling in Truth v. Kent School District.  Truth, an Advocates case that asserted the same constitutional rights on behalf of the Truth Bible Club at a high school in Kent, Washington, ended a short time ago when the Ninth Circuit stated that the Club did not have a constitutional right to associate with like-minded individuals.  The Ninth Circuit refused to recognize that forcing a club to allow members and, even more significantly perhaps, leaders, that refused to agree to the beliefs that formed it foundational principles and reason for existing was constitutionally problematic.  Now, the United States Supreme Court will reconsider that ruling. 

We are grateful that the Supreme Court is willing to reconsider the Ninth Circuit’s ruling in CLS as it solidly rests on the legal principle the Ninth Circuit errantly established in Truth.  So often the Ninth Circuit rules against religious freedom, and the Supreme Court’s rare review of cases makes it seem like an impossible uphill battle.  CLS and Truth stand as a hopeful reminder of a simple fact.  The Ninth Circuit is the most overturned Circuit by the Supreme Court.  As a result, hard fought precedent, regardless of whether it is ultimately “lost”, often lays the groundwork for a victory that will protect religious freedom for generations to come.    We are hopeful the Supreme Court will grant a victory in the CLS case, and, in doing so, will protect the rights of Christian students in high schools and colleges across the Nation to gather together.

This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.