The embarrassing U.S. Commission on Civil Rights richly deserves the new name bestowed on it by the above headline. Its recent report to President Obama, “Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties,” contains nothing that is remotely likely to promote either peace or coexistence. To the contrary.
The recent decision by the California State University system to enforce its “all comers” policy against religious groups on its 23 campuses is the latest in a disturbing and (at least in some cases) unprincipled effort to rid colleges and universities of conservative religious groups with creedal faith statements.
The Supreme Court bears much of the blame. In its 2010 decision in Christian Legal Society v. Martinez, the Court unwisely upheld the nondiscrimination policy of the Hastings College of the Law, a public law school in San Francisco. Its “all comers” policy is that student groups must admit as members and even leaders any student who wants to participate. The Republican club must accept Democrats. The pro-choice club must accept pro-lifers. The Jewish club must accept Christians.
You do not want to miss Anthony Deardurff's excellent analysis of John Inazu's important new book Liberty's Refuge: The Forgotten Freedom of Assembly. Deardurff picks up where the Court left off in Christian Legal Society v. Martinez. Here is a snippet of Deardurff on Inazu: More specifically, a five-Justice majority held that California’s Hastings College of the Law could deny official recognition to a Christian Legal Society group on the grounds that the group’s required “statement of faith” regarding sexual morality was incompatible with the school’s requirement that club leadership positions be open to all students regardless of sexual orientation. Applying…