Faith tests okayed for campus Christian group at ASU

[Brad M Pardee]

Marty Lederman wrote on 10/19/2005 11:34:46 AM:

> Yes, of course, the private club has a "right" (although not a 
> constitutional one, I'd argue) to exclude from membership any 
> persons who are sexually active outside marriage (which is what the 
> settlement apparently involves).

As I read the settlement description, though, they ARE able to exclude 
from membership any persons who are sexually active outside marriage. They 
have drawn a distinction between sexual orientation and sexual behavior, 
and according to the lawyer for CLS, this "is what we asked for in the 
lawsuit". 

> The question at issue, however, is not "membership," as such, but 
> instead the group's eligibility to be "recognized" by the 
> university, and to be given the public perqs that come with such 
recognition.

I don't know what it's like at ASU, but at the University of Nebraska, 
where I work, official recognition isn't so much about "public perq" as 
much as it is about the ability to function on campus.  If your group is 
not recognized, there are limitations on being able to advertise your 
group's activities, your group can't reserve a meeting room on campus, and 
so on and so forth.  Those hardly qualify as perqs but rather the 
essentials of being able to function.

> ASU has decided, like most schools, that it will not afford such 
> recognition and perqs to any groups that discriminate on the basis 
> of sexual orientation -- on the quite reasonable theory that ASU 
> does not wish to facilitate, or be party to, any activities for 
> which a percentage of its student body would be ineligible by virtue
> of their sexual orientation. 

Every campus has a percentage of its student body which would be 
ineligible for membership in some organizations.  Are the College 
Republicans required to be allowed to join the College Democrats and serve 
in leadership?  Is a campus pro-life group required to accept members who 
are actively involved in preserving the legal right to an abortion?  Is an 
organization of Jewish students required to accept members who are 
Christian, Muslim, Hindu, Buddhist, etc.?  Of course not.  So why should 
the Christian organizations be the only organizations that are forced to 
accept members who don't subscribe to the group's beliefs?

Brad
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