Thursday, February 2, 2012

Supreme Court announces stance on discrimination in college clubs

By on July 8, 2010

The U.S. Supreme Court decision regarding the unwritten policy of the University of California Hastings College of the Law could affect how other courts treat schools, including the University, in future religious discrimination cases.

On June 28, the Supreme Court issued an opinion upholding Hastings College of the Law’s decision to withhold Registered Student Organization status to the Christian Legal Society.

This status allows benefits of the college — such as name, logo and funds — to be used by the organization.

Similarly, the University’s fraternity Beta Upsilon Chi (BYX) faced a battle in 2006 to become a Recognized Student Organization, much like California’s Registered Student Organization designation.

Legal issues arose against BYX, as the University initially did not recognize the fraternity because of its potential religious discrimination.

Hastings College of the Law refused Registered Student Organization status based on the CLS wanting the students to adhere to CLS’s religious beliefs, including abstinence from sexual activity outside of a marriage between one man and one woman.

This is the only organization that Hastings has not recognized based on the unwritten policy for clubs to accept “all comers.”

Based on the unwritten policy, any student could join any student organization regardless of agreeing with the club’s principles.

CLS believes this policy “violated its First and Fourteenth Amendment rights to free speech, expressive association and free exercise of religion,” according to the syllabus released by the Supreme Court. “The court held that the all-comers condition on access to a limited public forum was both reasonable and viewpoint neutral, and therefore did not violate CLS’s right to free speech.”

Potential CLS members are asked to sign a statement of faith and to try and follow it.

Hastings believes this to be discrimination.

Here at the University, BYX’s purpose “is to establish brotherhood and unity among college men based on the common bond of Jesus Christ,” as listed on the University’s student organization website.

Their purpose is also rooted in the core value of the group and is why the fraternity is for Christians.

Bryce Helsel, a University senior and four-year BYX member, said the fraternity “has made positive contributions to the University.”

The University removed its religious clause from the anti-discrimination policy, an exception similar to gender discrimination within same-sex fraternities or sororities.

This allowed the fraternity to become a Recognized Student Organization.

Another Christian Fraternity is Phi Sigma Lambda, also known as Phi Slam. It is not part of the University and “offers an alternative to the downtown scene,” said Chris Odom, fraternity president and founder.

Phi Slam is open to all University students. Many of the events are posted on Facebook and Twitter.

“Everything we do is based on our Christian values,” Odom said, “but you don’t have to be a Christian to come.”

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