Tuesday, December 8, 2009

Should Christian legal groups on campus be able to ban anyone who has sex with someone of the same gender?

Via Americablog Gay:

Christian legal groups on campus be able to ban anyone who has sex with someone
of the same gender?
: "Washington
The Christian Legal Society at the University of California's
Hastings College of the Law in San Francisco several years ago began requiring
its members to sign a statement of faith. The society says a person who
'advocates or unrepentantly engages in sexual conduct outside of a marriage
between a man and a woman' cannot become a member of the group and participate
in setting its policies.

The university then refused it official status,
meaning it was ineligible for such perks as meeting space or a cut of the
school's student activities fee. The university said the society was the first
group to refuse to abide with its policy that organizations 'not discriminate
unlawfully on the basis of race, color, religion, national origin, ancestry,
disability, age, sex or sexual orientation.'
It's an interesting question since they're not operating a church on some
street corner, independent of everything else. They're opening their society in
a university setting, funded by some of the very students they want to exclude.
Whether or not they have the 'religious right' to ban whomever they want, in a
university setting there are other rights as well - the university bans
discrimination based on sexual orientation. So you have two rights directly in
conflict. What's the solution?


Oof. That's a doozy. This could have very far reaching ramifications. If anti-discrimination policies are upheld for school-sanctioned groups, it could conceivably affect questions like the Boy Scouts blocking gay members, the Catholic Bishops threat to discontinue or diminish charitable services in Washington DC (and possibly other areas if they pass same-sex marriage), and more. One of the concerns I have with this is that the SCOTUS is leaning extremely conservative these days, thanks to the Shrub's legacy. Time will tell...


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