High Court Hears Argument in Student Aid Case
On December 2, the U.S. Supreme Court considered whether Washington State's exclusion of theology majors from a
student grant program violated the First Amendment's Free Exercise Clause. The CLS Center filed a friend of the court
brief arguing that the state's religious discrimination did violate the Constitution. Oral arguments suggested that the
Court is closely divided. Certain justices otherwise skeptical of Washington's position expressed concern about the
effects of ruling against the state; specifically, they asked whether such a ruling would force states to include
religious schools in any K-12 voucher program that included secular private schools. A ruling is expected by the end of
June.
Ohio State Provisionally Recognizes CLS Chapter During 90-Day "Review Period"
The Center secured a tentative victory for the CLS chapter at Ohio State University's Moritz College of Law.
Consistent with CLS national standards and its own exercise of conscience, the chapter requires voting members to profess
faith in Christ and additionally requires officers to satisfy certain behavioral standards. Members of the law school's
homosexual student organization complained to the University that the CLS chapter was therefore committing religious and
sexual orientation discrimination in violation of the University's non-discrimination policy. University officials
threatened to revoke the chapter's recognition. After the Center informed the University that it would file suit if
recognition were revoked, the University granted the chapter provisional recognition. The University has indicated that
it will decide by March 4 whether to exempt religious organizations from its bans on "creed," "religion," and "sexual
orientation" discrimination.
Fourth Circuit Upholds Federal Religious Liberty Statute
The U.S. Court of Appeals for the Fourth Circuit held on December 8 that the Religious Land Use & Institutionalized
Persons Act does not violate the First Amendment's Establishment Clause. Virginia correctional officials argued that by
requiring the accommodation of religion in the land use and prison contexts, Congress impermissibly favored religion.
The court held that the Establishment Clause does not forbid the removal of regulatory burdens on religious exercise.
CLS joined an amicus brief supporting the statute's constitutionality.
CA Supreme Court Hears Argument in Health Care Right of Conscience Case
On December 2, the California Supreme Court heard argument in a challenge by Catholic Charities to a state statute
requiring it to include contraceptives in its employee health benefits package. Catholic Charities contends that the
statute violates its constitutionally protected freedom of conscience. The CLS Center submitted a friend of the court
brief supporting Catholic Charities.
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