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University Non-Discrimination Policy Upheld By U.S. Supreme Court

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By GLAAD |
June 28, 2010

This morning the United States Supreme Court handed down a ruling in Christian Legal Society v. Martinez. The 5-4 ruling written by Justice Ruth Ginsburg, "rejected a challenge to the University of California Hastings College of the Law’s policy of requiring all funded student groups to be open to all students," according to a press release from the National Center for Lesbian Rights (NCLR). The National Center for Lesbian Rights (NCLR) and Paul Smith of Jenner & Block LLP represent Outlaw, the lesbian, gay, bisexual, and transgender student group which intervened to defend Hastings’  nondiscrimination policy.  NCLR's press release continues:

The Court affirmed that the First Amendment does not require public universities to subsidize discrimination: “The First Amendment shields CLS against state prohibition of the organization’s expressive activity, however exclusionary that activity may be. But CLS enjoys no constitutional right to state subvention of its selectivity.”

“Today’s decision affirmed the longstanding doctrine that university non-discrimination policies do not violate free speech when applied in a consistent and even-handed way,” said NCLR Senior Attorney Christopher Stoll. “The Court rejected the dangerous argument that anti-gay groups must be given a special exemption from non-discrimination policies. ”

ABC News published this report following the decision.  And the Human Rights Campaign issued this statement.

We'll keep you updated on futher reaction to this case by national LGBT organizations and the mainstream media.

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