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Justices Mull Dispute Over Christian Club At UC Hastings

Publication Date: 
April 20, 2010
Source: 
Daily Journal
Author: 
Lawrence Hurley

Professor Michael McConnell is mentioned here for his representation of the Christian Legal Society in the U.S. Supreme Court case Christian Legal Society Chapter of University of California Hastings College of Law v. Martinez. Lawrence Hurley of The Daily Journal filed this story:

U.S. Supreme Court justices Monday appeared unsure of how to resolve a dispute over whether UC Hastings College of the Law can refuse to register a Christian group that wants to bar gays from active membership.

At the center of the case is the San Francisco-based law school's nondiscrimination policy that requires all student groups to allow anyone to join. The policy applies to anyone seeking to join religious groups even if they don't share the core religious belief of the group in question. Christian Legal Society v. Martinez, 08-1371.

...

The Christian group's lawyer, Michael McConnell of Stanford Law School, responded that the stipulation merely applied to the parties' interpretation of what the law school's official policy meant in theory, not the question of whether the policy was fairly applied to all the different student groups.

Kennedy's concerns seemed to be shared by Justice Stephen G. Breyer, who expressed the need for "more facts" before reaching a decision.

Justice Antonin Scalia chided McConnell for the lack of evidence indicating that the law school treated other groups differently than the Christian Legal Society.