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Getbig Main Boards => Politics and Political Issues Board => Topic started by: Dos Equis on June 28, 2010, 02:04:37 PM
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Another 5-4 decision. Not surprised the "Rev" Barry Lynn likes this decision. ::)
Court: Christian Group Can't Bar Gays, Get Funding
Monday, 28 Jun 2010
An ideologically split Supreme Court ruled Monday that a law school can legally deny recognition to a Christian student group that won't let gays join, with one justice saying that the First Amendment does not require a public university to validate or support the group's "discriminatory practices."
The court turned away an appeal from the Christian Legal Society, which sued to get funding and recognition from the University of California's Hastings College of the Law. The CLS requires that voting members sign a statement of faith and regards "unrepentant participation in or advocacy of a sexually immoral lifestyle" as being inconsistent with that faith.
But Hastings, which is in San Francisco, said no recognized campus groups may exclude people due to religious belief or sexual orientation.
The court on a 5-4 judgment upheld the lower court rulings saying the Christian group's First Amendment rights of association, free speech and free exercise were not violated by the college's nondiscrimination policy.
"In requiring CLS — in common with all other student organizations — to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations," said Justice Ruth Bader Ginsburg, who wrote the 5-4 majority opinion for the court's liberals and moderate Anthony Kennedy. "CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings' policy."
Justice Samuel Alito wrote a strong dissent for the court's conservatives, saying the opinion was "a serious setback for freedom of expression in this country."
"Our proudest boast of our free speech jurisprudence is that we protect the freedom to express 'the thought that we hate,'" Alito said, quoting a previous court decision. "Today's decision rests on a very different principle: no freedom for expression that offends prevailing standards of political correctness in our country's institutions of higher learning."
The decision is a large setback for the Christian Legal Society, which has chapters at universities nationwide and has won similar lawsuits in other courts.
"All college students, including religious students, should have the right to form groups around shared beliefs without being banished from campus," said Kim Colby, senior counsel at the Christian Legal Society's Center for Law & Religious Freedom.
The 30-member Hastings group was told in 2004 that it was being denied recognition because of its policy of exclusion.
According to a society news release, it invites all students to its meetings.
"However, CLS voting members and officers must affirm its Statement of Faith," the statement said. "CLS interprets the Statement of Faith to include the belief that Christians should not engage in sexual conduct outside of a marriage between a man and a woman."
Kennedy said "the era of loyalty oaths is behind us."
"A school quite properly may conclude that allowing an oath or belief-affirming requirement, or an outside conduct requirement, could be divisive for student relations and inconsistent with the basic concept that a view's validity should be tested through free and open discussion," Kennedy said.
Justice John Paul Stevens was even harsher, saying while the Constitution "may protect CLS's discriminatory practices off campus, it does not require a public university to validate or support them."
Stevens, who plans to retire this summer, added that "other groups may exclude or mistreat Jews, blacks and women — or those who do not share their contempt for Jews, blacks and women. A free society must tolerate such groups. It need not subsidize them, give them its official imprimatur, or grant them equal access to law school facilities."
The Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, called the decision a "huge step forward for fundamental fairness and equal treatment."
"Religious discrimination is wrong, and a public school should be able to take steps to eradicate it," Lynn said. "Today's court ruling makes it easier for colleges and universities to do that."
In another case, the Supreme Court refused to hear an appeal from some Texas parents who wanted to stop their school district from regulating when students can pass out religious-themed material to their classmates.
The court refused to hear an appeal from some parents from the Plano Independent School District.
The district in 2005 told elementary students religious-themed material could only be passed out before and after school, at recess, at three school parties or at designated tables. Middle and secondary students could add in lunchtime or between classes.
Parents say the policy dilutes students' free speech rights. The 5th U.S. Circuit Court of Appeals ruled for the school district and the Supreme Court refused to hear the appeal.
The case is Christian Legal Society v. Martinez, 08-1371.
http://www.newsmax.com/InsideCover/US-Supreme-Court-Campus/2010/06/28/id/363283
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Good decision. Am disappointed the vote was so close tho.
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You can thank mccain for the steady stream of lib choices we're seeing on the supreme court.
better 2008 VP vetting = whole different supreme court.
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You can thank mccain for the steady stream of lib choices we're seeing on the supreme court.
better 2008 VP vetting = whole different supreme court.
lol
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You can thank mccain for the steady stream of lib choices we're seeing on the supreme court.
better 2008 VP vetting = whole different supreme court.
Sorry. It wasn't going to happen no matter what. You can't fight God's Will.
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You can thank mccain for the steady stream of lib choices we're seeing on the supreme court.
better 2008 VP vetting = whole different supreme court.
No,you can thank Obamas PATHETIC choice for VP for the makeup of the court.It was Biden that led the charge against Bork who was about 1 million times more qualified then ANYONE Barack Hussein Obama has put foreward.It was Biden that led the charge to vote for Ginsberg and every other lib nomine.
So the supreme courts makeup is the result of the dumbest man in the history of the senate, making decisions for the rest of us.The same half a retard who tells cripples to stand up and still tries to claim his wife was killed by a drunk driver.
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Good decision. There is no reason to give this group recognition at the university, if they want their group they can have it outside of the school. I applaud this decision to drive the hate out of our universities.
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Sorry. It wasn't going to happen no matter what. You can't fight God's Will.
I thought your stupid gay ass said Palin was the reason McCain lost?
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Justice John Paul Stevens was even harsher, saying while the Constitution "may protect CLS's discriminatory practices off campus, it does not require a public university to validate or support them."
I'm sure christians would be outraged if a group at a public institution wanted to exclude them based on their choice of religious belief and then wanted official recognition from that institution
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Sorry. It wasn't going to happen no matter what. You can't fight God's Will.
LoL
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I thought your stupid gay ass said Palin was the reason McCain lost?
Of course. Apparently her prayers didn't contain the magic words that God was looking for I suppose.
That and the little fact that God decided to listen to the other group... you know.. the MAJORITY.. that were praying she didn't get within a country mile of the Oval Office.
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Of course. Apparently her prayers didn't contain the magic words that God was looking for I suppose.
That and the little fact that God decided to listen to the other group... you know.. the MAJORITY.. that were praying she didn't get within a country mile of the Oval Office.
And the gay morons like yourself are getting everything they voted for.
Communism
Ineptness
Corruption
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And the gay morons like yourself are getting everything they voted for.
Communism
Ineptness
Corruption
I wish they'd hurry up with that Communist Utopia we were promised
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I wish they'd hurry up with that Communist Utopia we were promised
I know right? All i got was a huge gain on my index shares and a steady stream of dividends from my pharma shares. Apparently they were going out of business when the health care was passed, and apparently this hasn't happened. Weird. Communism and wall street? Who would have thought!
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And the gay morons like yourself are getting everything they voted for.
Communism
Ineptness
Corruption
Are you back to the self projecting "gay" talk? Again? You really are queer aren't you?
That has to be it. No real man could throw a nonstop hissy fit like you do every day.
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I know right? All i got was a huge gain on my index shares and a steady stream of dividends from my pharma shares. Apparently they were going out of business when the health care was passed, and apparently this hasn't happened. Weird. Communism and wall street? Who would have thought!
that just shows you how sneaky those Commies really are
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I wish they'd hurry up with that Communist Utopia we were promised
Good point Straw. The typical left wing demogogues always paint a communist utopia against the "evil capitalist" when all they ever really offer is pain, suffering, misery, poverty, scarcity, and promises of better futures.
Keep waiting for the pixy dust prosperity offered by ZERO and his gang of marxists, its only a month or two away. ::) ::)
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Good point Straw. The typical left wing demogogues always paint a communist utopia against the "evil capitalist" when all they ever really offer is pain, suffering, misery, poverty, scarcity, and promises of better futures.
Keep waiting for the pixy dust prosperity offered by ZERO and his gang of marxists, its only a month or two away. ::) ::)
I hope so
I'm sick of all the talk and no action
typical Obama - can't get anything done
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I hope so
I'm sick of all the talk and no action
typical Obama - can't get anything done
Not my fault. He had 60 votes in the Senate and a huge majority in the House.
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Not my fault. He had 60 votes in the Senate and a huge majority in the House.
but it's still going to happened in a few months right?
I can't wait much longer
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but it's still going to happened in a few months right?
I can't wait much longer
What the prosperity or the collapse?
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but it's still going to happened in a few months right?
I can't wait much longer
I am still waiting for the black duffel bag zombie attack that was coming "in a couple months" when Obama first won office.
Hasn't happened yet.
Don't forget we then got to wait on the thousands of unemployed doctors roaming the streets due to Obamacare, that was suppose to happen the day after it passed.
Sounds like the board sissy has a problem predicting his little timelines.
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What the prosperity or the collapse?
the "collapse" is intentional.....remember
Obama is doing it intentionally so he can usher in his vision of a Communist Utopia
or is it Distopia? .........no, that would just be nutty
it must be Utopia
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I am still waiting for the black duffel bag zombie attack that was coming "in a couple months" when Obama first won office.
Hasn't happened yet.
Don't forget we then got to wait on the thousands of unemployed doctors roaming the streets due to Obamacare, that was suppose to happen the day after it passed.
Sounds like the board sissy has a problem predicting his little timelines.
Moron - doctors are already stopping taking medicare patients.
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the "collapse" is intentional.....remember
Obama is doing it intentionally so he can usher in his vision of a Communist Utopia
or is it Distopia? .........no, that would just be nutty
it must be Utopia
BWAHAHAHAHAAAAA
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Moron - doctors are already stopping taking medicare patients.
And that makes them unemployed? "Hysterical"
Moron.
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the "collapse" is intentional.....remember
Obama is doing it intentionally so he can usher in his vision of a Communist Utopia
or is it Distopia? .........no, that would just be nutty
it must be Utopia
Yes it is fool. The worse it gets the happier obama is.
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Moron - doctors are already stopping taking medicare patients.
IT HAS BEGUN! Having more patients to treat means the whole system will collapse! It's not like more Dr's are coming or that Dr's can't immigrate to the US. There are only as many Dr's are there are now and that's all there ever will be right 333?
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IT HAS BEGUN! Having more patients to treat means the whole system will collapse! It's not like more Dr's are coming or that Dr's can't immigrate to the US. There are only as many Dr's are there are now and that's all there ever will be right 333?
They are not taking medicare patients idiot because part of the funding of medicare was a massive cut in reimubrsements to doctors.
ObamaCare = fail already.
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They are not taking medicare patients idiot because part of the funding of medicare was a massive cut in reimubrsements to doctors.
ObamaCare = fail already.
How is it a failure? More people are to be covered than before, that's a success! A great victory over the callousness of fools like yourself. People whose only desire is to cut down those around them so they may stand tall, finally. Sad that you're life is so insecure that you have to take to bashing sick people for wanting coverage.
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How is it a failure? More people are to be covered than before, that's a success! A great victory over the callousness of fools like yourself. People whose only desire is to cut down those around them so they may stand tall, finally. Sad that you're life is so insecure that you have to take to bashing sick people for wanting coverage.
I guess the fact that we are $120 Trillion in the hole neaver dawned on you? ::) ::) ::)
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I guess the fact that we are $120 Trillion in the hole neaver dawned on you? ::) ::) ::)
I guess i view people not as dollars and cents but instead as people ::)
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I guess i view people not as dollars and cents but instead as people ::)
I guess you prefer shared poverty right? Sorry KC, I don't believe in bankrupting the nation in the name of fairness. Its been tried before with predictable outcome.
www.usdebtclock.org
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They are not taking medicare patients idiot because part of the funding of medicare was a massive cut in reimubrsements to doctors.
ObamaCare = fail already.
The only failure I see if your pathetic attempt to translate medicare patients into unemployed doctors.
Here's a big hint for your next critical thinking assignment. Unemployed docs have NO patients. Medicare or not. Fucking DUH!!! If they are still seeing patients of any kind, they are not unemployed.
Come back, try again. But please get mommy to help you with your next attempt.
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I guess you prefer shared poverty right? Sorry KC, I don't believe in bankrupting the nation in the name of fairness. Its been tried before with predictable outcome.
www.usdebtclock.org
Oh no debt! What ever shall we do? ::) I know stop treating sick people!
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Oh no debt! What ever shall we do? ::) I know stop treating sick people!
But only after all the doctors quit.... and default on their student loans, or kids private tuition, or country club memberships, or all those other luxuries that they are used to at this point.... gotta quit. Yes, they do. Roaming the streets, whining and moaning.
Any day now it will start.
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But only after all the doctors quit.... and default on their student loans, or kids private tuition, or country club memberships, or all those other luxuries that they are used to at this point.... gotta quit. Yes, they do. Roaming the streets, whining and moaning.
Any day now it will start.
It already has fool. If you paid attention to real news as opposed to lurking at gay men on the beach you would have know than.
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Prove it.
Where are the unemployed docs? Show me evidence instead of showing me your self loathing projection attempts.
And why do you continue to avoid the question when I ask if you are really queer?
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Not my fault. He had 60 votes in the Senate and a huge majority in the House.
If the repubs had the balls to all stand up at once in 2008 and say "Damn, Bush did a shitty job!" They would have kept their jobs in Nov 08. hell, mccain might have won.
Instead, they kept talking about how strong the economy was - even as shit fell apart. They kept talking about how awesome Bush was, all the way til they lost.
No balls to just admit he sucked. And it'll be the dems downfall too - those who oppose obama might keep their job, who konws.
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How is it a failure? More people are to be covered than before, that's a success! A great victory over the callousness of fools like yourself. People whose only desire is to cut down those around them so they may stand tall, finally. Sad that you're life is so insecure that you have to take to bashing sick people for wanting coverage.
But why should I have to pay for them?Thats a typical libs idea of compassion.Steal from those who work and produce and make them pay for those who dont.I dont think thats compassion.Its certainly not compassion for those who work.
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back to the thread's original content:
Christian Legal Society: It's not over yet
onenewsnow.com (http://onenewsnow.com)
Christian Legal SocietyThe Supreme Court has rendered a decision in a religious liberty case -- but it may not be the last word.
On Monday the high court turned away an appeal from the Christian Legal Society, which sued to get funding and recognition from the University of California's Hastings College of the Law. The CLS requires voting members to sign a statement of faith and regards "unrepentant participation in or advocacy of a sexually immoral lifestyle" as being inconsistent with that faith. But Hastings says recognized campus groups must allow all students to be voting members, not excluding people due to religious belief or sexual orientation.
In Christian Legal Society v. Martinez, the student chapter was represented in part by the Alliance Defense Fund. ADF senior counsel Jordan Lorence tells OneNewsNow he is disappointed that the court chose to affirm a policy that very few universities have.
"That is, a requirement that every student organization accept as members people who don't agree with their message -- that they have to allow everyone to join," he explains.
Jordan Lorence (ADF)According to the attorney, while only a handful of law schools have this policy, most require no discrimination based on religion.
"Groups that have nothing to do with religion -- environmentalist groups, homosexual groups, feminist groups, etc. -- they are allowed to kick out members who don't agree with their message," says Lorence. "But only the religious groups are the ones that are required to accept people who don't agree with their message."
Lorence says the court's ruling has not closed the door on the issue. "It's not over with and there's a lot more litigation," he remarks. "This isn't even a loss...in the sense that we've lost this issue. It's that the Supreme Court has basically kicked it down the road for another day."
ADF senior legal counsel Gregory Baylor puts it this way: "The conflict still exists. This decision doesn't settle the core constitutional issue of whether nondiscrimination policies in general can force religious student groups to allow non-believers to lead their groups. Long-term, the decision puts other student groups across the country at risk, and we will continue to fight for their constitutional rights."