Faith tests okayed for campus Christian group at ASU
Brad M Pardee
bpardee at unlnotes.unl.edu
Wed Oct 19 11:00:13 PDT 2005
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
> 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
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?
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