May 25, 2012

U.S. Supreme Court Decision Could Impact Public Educational Institutions

Kelly Frels
Jarvis V. Hollingsworth
Saturday, July 3, 2010
Civil Rights / Constitutional Law / Public Education & Services
All Federal
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The Hastings College of Law in California maintains a non-discrimination policy for its clubs, barring discrimination in membership on a number of bases, including religion and sexual orientation. The Christian Legal Society objected, and attempted to block membership to homosexuals or those who held religious convictions other than those included in the club's "statement of faith." Both the trial court and the Ninth Circuit Court of Appeals ruled that the law school's non-discrimination policy was reasonable and viewpoint neutral. On June 28, 2010, the U.S. Supreme Court affirmed those decisions.

The Supreme Court held that the so called "all-comers" policy is a reasonable, neutral condition for access to clubs and organizations at the law school. Accordingly, the Supreme Court upheld the Hastings College of Law's non-discrimination policy.

This decision could impact clubs/organizations at any public educational institution, as the Supreme Court's "all comers" policy could become the industry standard.

About the Author

Kelly Frels
Partner

Kelly Frels, the firm's managing partner from 1995 through 2001 and the managing partner of the Houston office from 2001 to 2003, has been an attorney for public and private schools, independent school districts, community colleges, universities and other public bodies for more than 35 years. He has experience in all areas of public law including civil rights litigation, employment, student discipline, the First Amendment, desegregation and policy development and implementation. He also focuses on government strategies, employment contracts, grievances,...

kelly.frels@bgllp.com
713-221-1203
www.bgllp.com

Contributors

Jarvis V. Hollingsworth
Partner

Jarvis Hollingsworth provides legal counsel and strategic representation to public entities and officials, including municipalities, pension funds and retirement systems, educational institutions, and the directors and trustees that govern them. He advises clients on government strategies, employment contracts, grievances, employee terminations, school and college governance, coalition building, strategic communications and policy development. He provides counsel on open meetings, public information, bidding and contract matters, municipal bonds and public finance, and...

jarvis.hollingsworth@bgllp.com
713-221-1460
www.bgllp.com

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