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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