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The much better approach, I think, is to point out that religious views are, for these student groups, the same as feminist views for feminist student organizations, pro-Democratic party beliefs for student Democratic organizations, and pro-gay rights beliefs for pro-gay rights student organizations. Not to allow religious organizations to pick leaders who are religious is to outlaw such organizations, discriminatorily. If other campus organizations are permitted to choose leaders based on the leaders' beliefs (or based on their affiliation in the case of student political clubs), then religious organizations should be given the same freedom.
Mark S. Scarberry Pepperdine University School of Law
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How is adopting a core organizational document that states official policy not an "action"?
On Oct 10, 2005, at 10:37 AM, Tim Kruse wrote:
are bylaws protected as a form of free speech--that is in the absence of standing? With Universities around the country going after the discriminatory clauses in religious group's bylaws or governing docs, could these groups argue that Universities may or may not have the right to prosecute their discriminatory actions but they can do nothing simple because of their governing documents?
Tim Kruse
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