FACTS
This case arose from the respondent’ (Hastings College of Law) refusal to give the Christian Legal Society (CLS) the status of a Registered Student Organization (RSO) which would qualify it for access to school funding of some of its activities among other benefits The Christian Legal society which is the petitioner in this case was formed by a previously existing organization that was an RSO by affiliating itself with a national Christian association that charters student organizations in Law Schools all over the country. To join a chapter, students are required abide by certain bylaws that require the students to sign a statement of faith and puts restrictions on pre marital sex and homosexual activity. It is the Respondents policy that all RSOs do not restrict membership on the basis of race, sex, religion, and sexual orientation. The respondent therefore denied the petitioner’s application because it did not adhere to their all-comers policy. The petitioners sued in the district court which ruled for Hastings, and on appeal to the Ninth Circuit this decision was upheld. This is an appeal to the Supreme Court
ISSUES
In this case, several issues came up for determination these are as follows
(a) Whether a public law school may place condition of open eligibility for membership and leadership for all students on its recognition of a student group and therefore its access to school funding and other facilities
(b) whether the policy adopted by Hastings College of Law is reasonable in view of all the surrounding circumstances
(c) whether the all-comers policy adopted by Hastings College of Law is view point neutral
RULE
This case is testing the constitutional provisions of the right to free exercise of religion, the right to free speech and the right to expressive association which are contained in the first and the fourteenth amendments
ANALYSIS
CONCLUSION
The appeal by CLS therefore failed and the Supreme Court upheld Hastings College of Law’s all comers policy.
SOURCES
CLS v. Martinez, 561 U. S.
(2010)
“The IRAC Formula” Law Nerds.com accessed on 30th June 2012 at http://www.lawnerds.com/guide/irac.html
