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Students Keep Up Hastings Fight

Publication Date: 
November 18, 2010
Source: 
Daily Journal
Author: 
John Roemer

Professor Michael W. McConnell is mentioned in the following Daily Journal article about a freedom of speech issue at UC Hastings College of the Law:

Lawyers for a student Christian group claiming discrimination by UC Hastings College of the Law struck out Wednesday in their effort to get another hearing from the 9th Circuit Court of Appeals.

In June the U.S. Supreme Court, voting 5-4, affirmed the circuit's ruling that Hastings did not violate the First Amendment by refusing to register the Christian group because it bars gays from active membership.

...

Stanford Law School Professor Michael W. McConnell, a former 10th Circuit judge, represented the Christian group plaintiffs alongside lawyers from the Center for Law and Religious Freedom in Springfield, Va. On Wednesday McConnell disagreed with the outcome. "We think pretext was raised at every level of this case, so we don't agree with the circuit on this," he said.

Further appeals for reconsideration or a petition for Supreme Court review are possibilities, McConnell said, citing Justice Samuel Alito's dissent, which McConnell said supports his view that the pretext argument is properly before the court.