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Cox Asks Supreme Court to Recognize Rights of Faith-Based Organizations on Campus

Contact:  John Sellek or Nick De Leeuw 517-373-8060


February 4,  2010

            LANSING Attorney General Mike Cox today asked the United States Supreme Court to properly recognize the First Amendment right of Christian and other student organizations on college campuses to freely associate with like-minded students and establish their own membership requirements.

Cox led a bi-partisan group of fourteen states' Attorneys General, filing an Amicus brief on behalf of the State of Michigan asking the Court to overturn the 9th Circuit Court's ruling in Christian Legal Society v. Martinez.  The 9th Circuit's ruling authorized the University of California, Hastings College of Law to restrict the ability of a Christian student organization to control their membership by requiring it to offer voting membership and officer positions to students who do not share the organization's same core values and beliefs.

"The Constitution protects the rights of all Americans, including students of faith and members of faith-based organizations," said Cox.  "If our college campuses are truly going to be diverse institutions they must recognize the rights of diverse student groups, including faith-based groups, to set their own membership standards."

In 2006, the law school denied recognition to a conservative Christian student organization called the Christian Legal Society (CLS) because the group required its officers to affirm certain beliefs fundamental to the Christian faith.  The federal trial court and the 9th Circuit each found in favor of the law school.

In addition to Christian organizations, other student groups are threatened by the 9th Circuit's ruling.  Attorney General Cox's brief argues that members of student groups built on religious, political or other core beliefs have a Constitutional right to freely associate with one another and to fully participate in the university community as recognized student organizations. 

The states of Alabama, Colorado, Florida, Idaho, Louisiana, Nebraska, New Mexico, Pennsylvania, South Carolina, South Dakota, Utah, Virginia and West Virginia also signed on to Cox's brief. 

 

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