Religion vs. Discrimination

This seems like a fairly significant Supreme Court decision (5-4, with Kennedy as the swing vote).  Anyone care to weigh in on Christian Legal Society v. Martinez (UC Hastings College)?

The Christian Legal Society sued the university, arguing that it was being denied official recognition and the nominal financial benefits that accorded because of its “core religious viewpoints.”

Ginsburg wrote that the court was ruling only on the question of whether the school was violating the Constitution by conditioning official recognition on compliance with its all-comers policy — not the broader challenges raised by the Christian group to the university’s anti-discrimination policy.

In the opinion, joined by Justices John Paul Stevens, Anthony Kennedy, Stephen Breyer and Sonya Sotomayor, Ginsburg rejected the Christian group’s contention that Hastings’ policy would inspire hostile takeovers of student groups by saboteurs bent on subverting a group’s mission, saying that was “more hypothetical than real.”

Justice Samuel Alito wrote in dissent for the court’s four conservatives that the majority ruling amounted to “no freedom for expression that offends prevailing standards of political correctness in our country’s institutions of higher learning.” He was joined by Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Clarence Thomas.

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