Friday, July 2, 2010

Second Case: Christian Legal Society v. Martinez

This is just a preliminary post because I have only read 8 pages and they have all been part of the syllabus. This case is 85 pages long, and the opinion, I believe, only takes up 35 pages of that. This was a 5-4 decision, obviously well-fought on either side, and because I have often found myself swayed by the persuasive words of certain justices, I thought it would be beneficial to share my thoughts prior to reading the case in its entirety.

Although I identify myself as a Christian, I have to say that I agree with the Univeristy's decision. Just because I agree with the beliefs of a certain group does not mean that I believe it is inherently wrong to restrict them in certain contexts. I choose my words carefully, because although I believe the University restricted them from a certain amount of school participation, I do not believe the University censored them in any way. They may not have the sponsorship of the University, but they still have the right to gather, to hold activities, and to exclude anyone they want from membership. The underlying principle for me is that I don't think a student should have to pay dues to support a group that it would be prohibited from joining.

I don't agree with homosexual conduct, or really any behavior that transgresses laws of chastisty, but I do believe that people should be free to live as they choose. Sometimes the laws of God are different than the laws of the land. There is a fine line between laws prohibiting the establishment of religion and laws restricting the free exercise of religion. This line often become indistict, and when it does, my religious sensibilities wage war with my more liberal sensibilities.

However, I do support a University's right to restrict university sponsorship to those organizations that allow open membership, as long as there are alternative opportunities for prohibited organizations to form and gather according to their own discretion.

more on that later. I anticipate that my opinions may change by the time I finish with this case

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