Tag Archives: Christian Legal Society v. Martinez

Discrimination and Diversity

Stephen Monsma’s recent piece in Capital Commentary provides helpful perspective on the California State University’s system-wide de-recognition of InterVarsity Christian Fellowship. InterVarsity asks that its officers hold religious views consistent with the group’s mission, placing it at odds with recent CSU policy changes prohibiting recognized clubs from discriminating on a host of lines, including religion. Monsma wonders how: “…in the upside-down, Alice-in-Wonderland world of the CSU, reducing the diversity of on-campus religious student organizations somehow will increase students’ ‘exposure to new ideas, especially those that are in conflict.’”

Monsma’s argument echoes Justice Alito’s 2010 dissent in Christian Legal Society v. Martinez–a case which dealt with a closely parallel situation. In the CLS case, Alito argued that making an all-comers policy a condition for recognized club status worked against the very diversity it purported to promote: “In sum, Hastings’ accept-all-comers policy is not reasonable in light of the stipulated purpose of the RSO forum: to promote a diversity of viewpoints ‘among’–not within‘registered student organizations'” (p. 31).

Like Alito, Monsma points out that not all discrimination is invidious. Indeed, ensuring that groups can make such distinctions is essential to the existence of groups espousing diverse viewpoints. Monsma is right that CSU’s policy injures the pluralism of California’s CSU campuses. His commentary can be found in its entirety here.

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