Alan, CLS is not discriminating against protected groups qua groups.
CLS wishes to organize around a set of beliefs and to exclude from membership
those who don't subscribe to those beliefs. This is what expressive association
is designed to protect.
When Hastings requires CLS to admit members who don't share its beliefs about
the divinity of Christ or the good of human sexuality, it prevents CLS from
effectively expressing those viewpoints as a group. At the same time, other
student groups are allowed to exclude members who don't subscribe to the
beliefs of these other groups. Thus, Outlaw can exclude those who don't support
its beliefs about gay sexual equality, but CLS can not exclude those who reject
its beliefs about the sinfulness of homosexuality.
How is this not viewpoint discrimination?
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"And against the constitution I have never raised a storm,It's the scoundrels
who've corrupted it that I want to reform" --Dick Gaughan (from the song,
Thomas Muir of Huntershill)
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