Court of Appeals Rules Against Christian Legal Society, Denies Request to Reopen Challenge to University’s Non-Discrimination Policy

Today the United States Court of Appeals for the Ninth Circuit denied the Christian Legal Society’s request to present additional evidence in Christian Legal Society v. Wu, a case challenging a California law school’s policy that student groups may not discriminate based on sexual orientation, religion, or other bases. Today’s ruling brings an end to six years of litigation in this case, which began in 2004 when the Christian Legal Society (CLS) sued the University of California Hastings College of the Law because CLS wished to exclude gay and non-Christian students. In June, the Supreme Court of the United States rejected CLS’ challenge and held that public universities are free to require funded student groups to comply with non-discrimination policies. The Supreme Court sent the case back to the Ninth Circuit to determine whether any additional issues remained to be resolved in the case. The Ninth Circuit ruled today that the case is over and that the Supreme Court’s opinion upholding Hastings’ policy stands as the final judgment in the case.

The National Center for Lesbian Rights, along with cooperating counsel Paul Smith of Jenner & Block LLP, represents Hastings Outlaw, the lesbian, gay, bisexual and transgender student organization at Hastings, which intervened in the case to defend the constitutionality of the non-discrimination policy. Hastings College of the Law is represented by Gregory Garre of Latham & Watkins LLP and Ethan Schulman of Crowell & Moring LLP.

Statement by Shannon Minter, Esq., NCLR Legal Director:

“Today’s ruling brings a welcome close to six years of intense litigation, including a decision by the U.S. Supreme Court affirming that colleges and universities may adopt non-discrimination policies that protect lesbian, gay, bisexual, and transgender students. Hastings Law School did not adopt its non-discrimination policy to suppress any group’s freedom of speech, but only to ensure that all campus organizations are open to all students. Now that the Supreme Court’s decision is final, colleges and universities have a green light to ensure that all students have an equal opportunity to participate in student activities, without fear of being threatened with litigation by anti-gay groups.”

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