Alan, CLS is not discriminating against protected groups qua groups. CLS wishes to organize around a set of beliefs and to exclude from membership those who don't subscribe to those beliefs. This is what expressive association is designed to protect.
When Hastings requires CLS to admit members who don't share its beliefs about the divinity of Christ or the good of human sexuality, it prevents CLS from effectively expressing those viewpoints as a group. At the same time, other student groups are allowed to exclude members who don't subscribe to the beliefs of these other groups. Thus, Outlaw can exclude those who don't support its beliefs about gay sexual equality, but CLS can not exclude those who reject its beliefs about the sinfulness of homosexuality. How is this not viewpoint discrimination? Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 "And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform" --Dick Gaughan (from the song, Thomas Muir of Huntershill)
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