CLS v. Martinez
Amicus brief in support of University of California Hastings Law School policy requiring publicly funded student groups to accept “all comers.”
Summary
Lambda Legal and Gay and Lesbian Advocates and Defenders (GLAD) filed a friend-of-the-court brief with the U.S. Supreme Court in support of the University of California Hastings School of Law in a case brought by the Christian Legal Society (CLS) challenging the school’s nondiscrimination policy. The law school’s policy required student groups receiving school funds to be open to all students and not to discriminate based on their status or beliefs. On June 28, 2010, the Court affirmed that Hastings’ “all comers” policy was constitutional and did not violate CLS’ rights to free speech or free association.
- September 2004 The Christian Legal Society seeks registered student organization status from Hastings Law School, but requests to be exempt from the school's anti-discrimination policies governing such groups.
- October 2004 The Hastings chapter of the Christian Legal Society sues the university when the school denies the group official recognition.
- April 2006 U.S. District Court rules in favor of Hastings and Outlaw, the campus gay legal group, which had intervened in the case. CLS appeals.
- March 2009 The U.S. 9th Circuit Court rules in favor of Hastings and Outlaw. CLS appeals to the U.S. Supreme Court.
- June 2010 Victory! The U.S. Supreme Court rules 5-4 in favor of Hastings and Outlaw.