Anti-Gay Student Group Gains No Traction with Courts

A student group that sought to bar gays and subsequently was denied recognition and funding from a college has lost a second claim against a San Francisco law school.

Last June, the court rejected a First Amendment challenge from the Christian Legal Society against a policy at San Francisco's Hastings College of the Law, reported SF Appeal on Nov. 17. The college refused to recognize or financially support the group because gays were excluded under the group's rules for membership. The Christian Legal Society bars anyone who engages in "unrepentant homosexual conduct," as well as those who do not share the group's religious beliefs.

But the college has a non-discrimination policy in place that prevents the school from offering financial and logistical support to groups that fail to adhere to the policy's standards. Groups not recognized by the school do not receive funds and are not allowed to recruit at college events or list their meetings in the student-run newspaper. The initial case resulted in a 5-4 Supreme Court decision that upheld the school's policy.

However, the Supreme Court referred one claim from the case to the Ninth Circuit Court of Appeals--namely, that Hastings had selectively enforced its policy in a manner that singled out the Christian group. But a three-judge panel from the lower court ruled against the anti-gay student group because prior to the appeal, the group had not specified such a claim. "The Christian Legal Society never claimed that Hastings' policy was selectively enforced," the panel ruled.

The ruling ends a six-year legal battle. The initial suit against Hastings was filed in 2004.

In a mirror-image situation, a gay-straight alliance has been left without official recognition at a Christian school of higher learning. Local newspaper the Abilene Reporter-News reported on Nov. 11 that an Abilene Christian University student alleged in a letter to the editor of the University's campus newspaper, The Optimist, that the school had refused to recognize a gay-straight alliance. The student also claimed that the university refused to recognize Ally Week, a GLBT event.

The university's dean of student life told the media that there is a non-harassment policy in place that protects gay students as well as straights, and added that the school would not officially endorse gay groups or events due to its Christian beliefs. Jean-Noel Thompson said that issues relevant to sexual minorities on campus "[had] been broadly discussed. We don't shy away from such discussion. We are perfectly fine with discussion about sexuality and sexual identity. And we are very serious about our harassment policy."

A subsequent letter to The Optimist from another student condemned gays for expressing their sexual identities. The letter asserted that, "[W]ithout God, no moral rules would exist to limit or condone any sexual activity," and noted, "Repeatedly, throughout the Bible, sexual immorality, adultery and homosexuality are deemed sinful, and those actively participating in such "will not inherit the Kingdom of God" (1 Corinth. 6:9-10)." The letter stated that, " When building an alliance with 'queer' organizations, as a university or individual, I believe we are sending a mixed message about what we believe to be right or wrong, acceptable or not."

The author went on to say, "In the former letter, it was mentioned that 'queer' individuals feel their identities are shameful, and that's natural--because it is. The identity they are seeking acceptance for is wrong."

In fact, the earlier letter had not said that gays feel their sexual identity is shameful. Rather, it stated that gays are given the message by others that there is something shameful about who they are.

In challenging the colleges refusal to recognize the gay-straight alliance, the author of the original letter wrote, "This culture of silence is toxic to queer students, because it tells them they are alone, that no one wants to hear from them, that their identities are shameful and must be kept secret.

"How many queer teenagers have committed suicide in the past month because their classmates did not accept them?" the letter continued. "The culture of silence is harmful to straight students, because we are uneducated and unprepared to conduct Christian service and leadership in a world that increasingly includes openly queer people. If ACU is to fulfill its mission, we must be able to discuss these issues openly between the students and the administration. We must be able and willing to learn from each other."