Christian Legal Society v. Martinez

Illuminating Rick Santorum and the Religious Right’s Vision for America

Last weekend, People For the American Way’s Right Wing Watch captured video of prominent Louisiana pastor Dennis Terry introducing Rick Santorum at an event with an incendiary sermon in which he insists that those who don’t believe that America is a Christian nation “get out” of the country.

The video quickly went viral, and Santorum was forced to distance himself slightly from Terry’s remarks, saying “I didn’t clap when he said that.”

As PFAW Senior Fellow Peter Montgomery wrote in a column for the Huffington Post, the incident illuminates the Religious Right worldview that Santorum and supporters like the Family Research Council’s Tony Perkins – himself a parishioner of Terry’s – embrace:

While the media may understandably focus on Santorum's garbled economic message, his Sunday evening appearance is worth a longer look -- for what it tells us about Santorum and the Religious Right movement that is propelling his campaign.

The church at which Santorum appeared is Baton Rouge, La.'s Greenwell Springs Baptist Church, which Family Research Council President Tony Perkins describes as his home church. Perkins, in fact, was introduced at the event as a "dear friend" of Pastor Terry and as a church elder. Perkins, whose FRC has been designated a hate group by the Southern Poverty Law Center for relentlessly promoting false and malicious propaganda about LGBT people, said of Greenwell Springs Baptist, "there is not a better church in the United States of America than right here." So in Perkins's mind, there is no better congregation than the one that applauded wildly at Pastor Terry's "Christian nation" assertions and his seeming suggestion that people who do not worship Jesus Christ should find some other country to live in.

Peter discussed his column and the Religious Right movement behind Santorum’s candidacy in an interview with TruthDig radio in Los Angeles yesterday. You can listen to the interview here.
 

PFAW

A Victory For Religious Liberty

In today's 5-4 decision in Christian Legal Society v. Martinez, the Supreme Court correctly ruled that a publicly funded law school need not provide funding and recognition to a campus group with policies that discriminate based on religion and sexual orientation.

The University of California, Hastings College of Law, is a public institution with a viewpoint-neutral policy of recognizing and providing some funding to official student organizations, as long as the groups open their membership to all comers regardless of their status or beliefs. The campus Christian Legal Society (CLS) denies voting membership to those who do not subscribe to its religious beliefs, including those which condemn sex outside of heterosexual marriage. Because the CLS's discrimination on the basis of religion and sexual orientation violates the school's "all comers" policy, Hastings denied them official recognition.

All student groups, the CLS included, are subject to the same rules. But the CLS demanded – and the four arch-conservative Justices would have given them – a special favored status denied to other groups: the right to the funds and benefits of recognition from a public institution, along with an exemption from the rules that apply to any other group seeking those funds and benefits.

People For the American Way Foundation filed an amicus brief with other civil rights organizations in support of Hastings College of Law in the case. The brief emphasized that the Supreme Court has repeatedly upheld the right of the states to withhold public funding that would support discrimination. This is particularly relevant in the context of government-funded "faith-based initiatives," where conservative Christian groups are demanding the right to receive public funds and then use them to discriminate against gays and lesbians.

Had the four-Justice dissent carried the day, grave damage would have been done to the power of government to prohibit public funds from being used to forward invidious discrimination. Today is a victory for religious liberty.

PFAW

Supreme Court Takes Church-State Case

Yesterday, the Supreme Court agreed to hear Christian Legal Society v. Martinez, a case with important consequences for church-state separation.

The group, the Christian Legal Society, says it welcomes all students to participate in its activities. But it does not allow students to become voting members or to assume leadership positions unless they affirm what the group calls orthodox Christian beliefs and disavow “unrepentant participation in or advocacy of a sexually immoral lifestyle.” Such a lifestyle, the group says, includes “sexual conduct outside of marriage between a man and a woman.”

The law school, Hastings College of the Law in San Francisco, part of the University of California, allows some 60 recognized student groups to use meeting space, bulletin boards and the like so long as they agree to a policy that forbids discrimination on various grounds, including religion and sexual orientation. The school withdrew recognition from the Christian group after it refused to comply with the policy.

Hastings is a public university, and it has a clear policy requiring all student groups to be open to all comers. So, to make a long story short, the group, CLS sued and the case made its way to the Supreme Court.

At stake is whether or not tax dollars—your tax dollars—should go to fund a group which specifically excludes people based on religion or sexual orientation. The answer, in case you were wondering, is “no.”

PFAW