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CLS v. Martinez: What now for student groups, trustees, and alumni support?
If student organizations are not allowed to have a coherent set of beliefs, can there in fact be intellectual diversity? That and other questions come to mind in the wake of the Supreme Court's 5-4 decision in Christian Legal Society v. Martinez, which found that colleges and universities can refuse to recognize student groups that exclude from membership those who do not share the group's foundational political or religious beliefs. As the majority sees it, the ruling declares that student groups may not make biased decisions about membership. As the minority sees it, in a passionate dissent written by Justice Samuel Alito, the decision means "no freedom for expression that offends prevailing standards of political correctness in our country's institutions of higher learning."
In the days ahead, there will surely be wide-ranging discussion--as there should be--about the court's finding. Already some groups are praising the decision, while others see it as an irrevocable blow to the diverse intellectual vitality of student groups. In the meantime, what should trustees do? And what about student groups themselves?
For trustees overseeing administrators, the answer is: "go slow." The decision is limited on the facts to the "all comers" policy at Hastings, which, by way of example, means that College Democrats must allow Republican students to be elected as officers. That decision is now on remand while the lower court determines whether Hastings in fact discriminates against religious groups in its enforcement of the policy. Under the Court's ruling, schools can--but are not required--to apply the "all comers" rule to student groups. And the Foundation for Individual Rights in Education has suggested that schools can adopt alternative policies that balance free association and equal opportunity.
For student groups, the answer is: "be informed." When a college or university denies recognition to a student group, there are serious consequences. Groups lose the benefits of recognition--such as the ability to use the university's name and imprimatur, the right to use campus facilities for meetings and events, and, in some cases, the receipt of funding through student fees. The majority opinion acknowledges that unrecognized student groups are at a disadvantage, invoking social media such as Twitter and Facebook as alternative ways student groups might spread their message. Such options, FIRE rightly suggests, fail to compensate for the lack of official institutional recognition.
In this context, it's worth nothing that another avenue is available to student groups: Alumni support. For example, when Harvard refused to allow ROTC on campus, alumni created a special fund to support students' travel to and from ROTC training at MIT. ACTA's Fund for Academic Renewal gives alumni a potential vehicle for supporting worthy groups on campus. For further information, contact info@goacta.org.
Posted by Anne D. Neal on June 29, 2010 at June 29, 2010 02:18 PM
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