CLS v. Martinez

CLS v. Martinez

Facts

The case was filed with the fact that Hasting College of the Law which is a school under of California public-school system widened students groups by providing official recognition to them. This program was called “Registered Student Organization” (RSO) program. Within this program number of benefits was attached to it which was access to facilities, funding, and recognition status and school communication channels. Along with that hasting logo and name was also offered. RSO required some conditions to be met to be recognized and its one major condition was being complied to Nondiscrimination Policy of school. This policy tracks exclusion of students on number of bases which includes religion and sexual orientation. Another policy to be complied was “All comers” policy which states that all students are allowed to participate regardless of their belief or status.

Issue

The issue began when in the beginning of academic year 2004-2005; the existing leader formed a society with name Christian Legal Society (CLS) which was affiliated with a national Christian association that charters student chapters of law school throughout the country. These chapters required officers and members to sign a “statement of faith”. It was their most important condition among others. By signing this statement any officer or member will have to live their life according to provided principles. Among other principles the one which raised issue was sexual activity to occur only between man and woman. Such sexual activity should not occur without marriage. This statement also outlines the religious convictions that were only allowed. Both of these points raised issue on discriminating upon sexuality and religion. CLS interprets excluding those who are engaged in “unrepentant homosexual conduct” and non Christians. Those who lie in both categories are not allowed to become voting member or serve in any officer position.

Ruling

In a 28 June published decision (Christian Legal Society v. Martinez) confirmed the Supreme Court of the United States for the first time explicitly stated that gays and lesbians are a "class" within the meaning of U.S. constitutional law doctrine. In this case, had a Christian Student sued because their one public university Hastings Law School to qualify as registered Student refused on the grounds was that the group receiving loud articles only people that you live according to their religious principles lead (e.g., sex only within marriage between a man and woman).with this decision it infringes the prohibition of discrimination of the university. The Supreme Court gave the university law. Sex discrimination is said to be discriminating an employee on the basis of sex by not giving an opportunity which employee might deserve just because of gender.

The Ninth Circuit affirmed ruling that the “all-comers” condition on RSO recognition was reasonable and viewpoint neutral. Officially Recognize Hastings CLS, a student association, for violation of the school's anti-discrimination policy Regarding LGBT student membership. CLS lighters that this denial of recognition violates Their First Amendment rights.

Analysis

The rights of homosexuals' people are defined in relevant law through extensive effort made by them. Overall, gay, lesbian and transgender liberation ...