Public universities including UW-Madison could be required to provide recognition and funds for student groups that limit membership on the basis of beliefs if the U.S. Supreme Court rules in favor of a California campus Christian group.
The U.S. Supreme Court heard oral arguments for the case of Christian Legal Society v. Martinez last Monday.
The Christian Legal Society of the University of California-Hastings College of Law, which denies voting membership and officer positions to those who participate in ""fornication, adultery, and homosexual conduct,"" is suing the university and said that the college's non-discrimination policy violates their freedom of expressive association.
UC-Hastings' non-discrimination policy states that public funds and benefits are only available to an organization that admits ""any student … regardless of their status or beliefs.""
Donald Downs, UW-Madison political science professor, said this case comes down to a conflict between freedom of association and equal protection.
""Under normal circumstances, there is no way this group would be required to be open to all members. The difference here is there is university funding involved,"" Downs said.
UC-Hastings contended in its argument that though the group has the right to decide on its membership, as a government-funded institution, they are not required to subsidize discriminatory campus groups.
However, the CLS said in their argument that the denial of funding and ""a university's denial of recognition itself … substantially burdens a group's expression.""
The UW System has its own non-discrimination policy, but allows groups to limit their membership and leadership to students who support the group's purpose and beliefs.
However, UW-Madison is involved in an ongoing funding lawsuit with Badger Catholic, which Badger Catholic Chairperson Nico Fassino said was discriminated against because they were a religious student organization.
Fassino said though the lawsuit ""created a lot of bad blood between the organization and the university,"" Badger Catholic and the university now have ""a good working relationship.""
Downs said there is no clear indication of how the Badger Catholic case will be resolved, but that Christian Legal Society v. Martinez will likely be ruled in favor of CLS.
""My view is if you put the two rights next to each other, I think the freedom of association does trump here,"" Downs said. ""The reasons for having a group is to have a certain identity and commitment.""
