You are here: Home » News » Analysis » PROP 8- Will New SCOTUS Decision Impact Judge Walker’s Impending Decision
PROP 8- Will New SCOTUS Decision Impact Judge Walker’s Impending Decision
Posted by: Lez Get Real on July 1, 2010.
- The bench is a changing!
June 30-3010 by Melanie Nathan
Christian Legal Society v. Martinez, No. 08-1371 (U.S. Jun. 28, 2010)
On June 28, 2010, a fresh new decision was handed down by the U.S. Supreme Court, in a 5-4 decision, has affirmed a ruling by the U.S. Court of Appeals for the Ninth Circuit upholding a California state law school’s decision to deny a student religious organization official recognition because the organization’s bylaws did not comply with the school’s non-discrimination policy, which among other things prohibits student organizations from denying membership to students based on religion sexual orientation.
Justice Ginsburg, joined by Justices Stevens, Kennedy, Breyer and Sotomayor, wrote the majority opinion.
Justices Stevens and Kennedy filed concurring opinions. Justice Alito, joined by Chief Justice Roberts and Justices Scalia and Thomas, filed a dissenting opinion.
Hastings College of Law, which is part of the University of California, has a general policy barring student groups that receive official recognition and university funding from discriminating. The Christian Legal Society is a student club that requires its members to sign a Statement of Faith that, among other things, rejects homosexuality as inconsistent with Christian values. CLS is ineligible for official recognition and university funding at Hastings because of its membership requirement, although it is otherwise free to meet on campus. This case challenges the constitutionality of the law school’s non-discrimination policy as applied to CLS.
In an amicus brief joined by the National Education Association, the ACLU highlights the long history of discrimination on university campuses, and argues that Hastings has a compelling interest in ensuring that any officially recognized and university funded student activity is open to all students enrolled at the school.
How will this influence Judge Walker’s Ninth Circuit appeal in the Prop 8 decision about to be handed down- and did the Judge pend his decision waiting for the Supermes’ outcome of the appeal in this case.
One would have to read all the facts, arguments and dissents to come up with a clearer picture of the favorable decision impact.
If anyone wants to weigh in who has more insight into the possible effect, please feel free to comment or submit an article to Lez Get Real for consideration.
In the meantime we can assume that it may well favor the striking down of prop 8 as follows:
In the Christian Legal Society case, the Supreme Court definitively held that sexual orientation is not merely behavioral, but rather, that gay and lesbian individuals are an identifiable class.
This confirms that a majority of the Court now adheres to Justice O’Connor’s view in Lawrence, where she concluded that “the conduct targeted by the Texas anti-sodomy law is conduct that is closely correlated with being homosexual” and that, “under such circumstances, the law is targeted at more than conduct” and “is instead directed toward gay persons as a class,” id. at 583 (O’Connor, J., concurring in judgment)
The Court’s holding arose in response to Christian Legal Society’s argument that it was not discriminating on the basis of sexual orientation, but rather because gay and lesbian individuals refused to acknowledge that their conduct was morally wrong. The Court rejected that argument, holding that there is no distinction between gay and lesbian individuals and their conduct.
If this is accepted by Judge Walker, now at this time, is likely that Proposition 8 will be unlikely to survive. Should Proposition 8 be struck down in reliance in part of Christian Legal Society v. Martinez, the Christian group and right wing backers will have shot themselves in the proverbial toe and helped establish a path for their own defeat.
Lets see, PLEASE weigh in!
Melanie Nathan
Find me on FB or at e-mail at nathan@privatecourts.com
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You are here: Home » News » Analysis » PROP 8- Will New SCOTUS Decision Impact Judge Walker’s Impending Decision
PROP 8- Will New SCOTUS Decision Impact Judge Walker’s Impending Decision
June 30-3010 by Melanie Nathan
Christian Legal Society v. Martinez, No. 08-1371 (U.S. Jun. 28, 2010)
On June 28, 2010, a fresh new decision was handed down by the U.S. Supreme Court, in a 5-4 decision, has affirmed a ruling by the U.S. Court of Appeals for the Ninth Circuit upholding a California state law school’s decision to deny a student religious organization official recognition because the organization’s bylaws did not comply with the school’s non-discrimination policy, which among other things prohibits student organizations from denying membership to students based on religion sexual orientation.
Hastings College of Law, which is part of the University of California, has a general policy barring student groups that receive official recognition and university funding from discriminating. The Christian Legal Society is a student club that requires its members to sign a Statement of Faith that, among other things, rejects homosexuality as inconsistent with Christian values. CLS is ineligible for official recognition and university funding at Hastings because of its membership requirement, although it is otherwise free to meet on campus. This case challenges the constitutionality of the law school’s non-discrimination policy as applied to CLS.
In an amicus brief joined by the National Education Association, the ACLU highlights the long history of discrimination on university campuses, and argues that Hastings has a compelling interest in ensuring that any officially recognized and university funded student activity is open to all students enrolled at the school.
How will this influence Judge Walker’s Ninth Circuit appeal in the Prop 8 decision about to be handed down- and did the Judge pend his decision waiting for the Supermes’ outcome of the appeal in this case.
One would have to read all the facts, arguments and dissents to come up with a clearer picture of the favorable decision impact.
If anyone wants to weigh in who has more insight into the possible effect, please feel free to comment or submit an article to Lez Get Real for consideration.
In the Christian Legal Society case, the Supreme Court definitively held that sexual orientation is not merely behavioral, but rather, that gay and lesbian individuals are an identifiable class.
The Court’s holding arose in response to Christian Legal Society’s argument that it was not discriminating on the basis of sexual orientation, but rather because gay and lesbian individuals refused to acknowledge that their conduct was morally wrong. The Court rejected that argument, holding that there is no distinction between gay and lesbian individuals and their conduct.
If this is accepted by Judge Walker, now at this time, is likely that Proposition 8 will be unlikely to survive. Should Proposition 8 be struck down in reliance in part of Christian Legal Society v. Martinez, the Christian group and right wing backers will have shot themselves in the proverbial toe and helped establish a path for their own defeat.
Lets see, PLEASE weigh in!
Melanie Nathan
Find me on FB or at e-mail at nathan@privatecourts.com
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