In a few weeks, the United States Supreme Court will be hearing oral arguments in a very interesting case called Christian Legal Society v. Martinez.
In simple terms, the case addresses this question: Does a law school’s nondiscrimination policy trump a religious student group’s First Amendment rights to prohibit individuals from joining the group based on the sexual orientation of the individuals?
In my other life, I’m involved in higher education law and policy issues with an organization called the Council on Law in Higher Education (CLHE).
Professor Michael McConnell, who is a Stanford Law professor and former Tenth Circuit Court judge, wrote this new article about this important case for CLHE’s monthly journal.
Here’s the article’s conclusion:
Under a proper understanding of the First Amendment, CLS v. Martinez is most emphatically not a clash between religious freedom and rights pertaining to sexual orientation. Religious groups and gay rights groups share common ground in the need for freedom of association. Both can pursue their objectives best if free to decide for themselves who will lead and speak for them. It is better to adhere to the First Amendment?s wisdom of ?live and let live? than to treat religious and sexual orientation discrimination laws as a rationale for ostracizing dissenting viewpoints.
