Discrimination Against Gays and Non-Christians: Christian Legal Society Case Not Heard on Remand
On November 28, 2010 At 5:30 am
Responses : 3 Comments
In June 2010, the U.S. Supreme Court affirmed and remanded the lower court's findings in Christian Legal Society v. Martinez, affirming that the California Hastings College of the Law was not required to give public funds or recognition to a Christian-only student group that denied non-Christians or gays membership in the group. On remand, however, the Supreme Court instructed the 9th Circuit appellate panel to consider whether the nondiscrimination policy was selectively enforced, but only if the argument had been preserved. (The decision is available on the Supreme Court's blog.)
The 9th Circuit panel declined to consider the case, finding that the Christian Legal Society failed to make the claim of selective enforcement earlier.