CLS CHAPTER AND WASHBURN UNIVERSITY REACH TENTATIVE SETTLEMENT
The Christian Legal Society and Washburn University School of Law have reached a tentative settlement of a federal civil rights lawsuit the Washburn CLS chapter filed against the university.
The situation arose last April when Washburn law student Daniel Arkell, a member of the Church of Jesus Christ of Latter-day Saints, filed a charge of religious discrimination against the CLS chapter, claiming it violated Washburn’s nondiscrimination policy. The Washburn Student Bar Association (WSBA) held a hearing and revoked the CLS chapter’s funding on September 2. The CLS chapter responded on September 16 by filing a lawsuit against the university, claiming the university violated its constitutional rights.
Arkell had led a CLS Bible study earlier in the semester and taught doctrine inconsistent with CLS’s statement of faith. As a result, chapter leaders informed him that he would no longer be permitted to lead the CLS-sponsored Bible study. Arkell admitted he could not agree with the statement of faith, but he demanded that the WSBA revoke the CLS chapter’s funding on the ground the chapter failed to abide by the university’s nondiscrimination policy.
On November 1, pursuant to the tentative settlement, the WSBA publicly announced it reinstated the CLS chapter’s funding for the 2004-2005 academic year. The settlement affirms CLS’s right to require its members and leaders to adhere to a statement of faith and requires the university to review its policies and consider how university policy might respect the rights of the CLS chapter and other religious student organizations.
Center attorneys represent the chapter in this dispute, and Craig Shultz is serving as local counsel.
CLS CHAPTER FILES LAWSUIT AGAINST HASTINGS TO PROTECT RELIGIOUS IDENTITY
The Christian Legal Society chapter at the University of California - Hastings College of Law (UC Hastings) filed a lawsuit on October 22 against school officials who denied recognition of the group because the chapter will not agree to accept members and officers who openly oppose its Christian beliefs.
The school claims the chapter’s leadership and membership criteria violate the school’s Policy on Nondiscrimination. The policy forces the CLS chapter, and other campus religious groups who want to be recognized, to accept non-Christian members and officers. The federal civil rights lawsuit alleges that UC Hastings is violating the First Amendment rights of expressive association, free speech and free exercise of religion of the CLS chapter and other campus religious groups by failing to exempt them from the Policy on Nondiscrimination.
The CLS chapter asked school officials in early September to exempt the group and other religious student organizations from the religion and sexual orientation portions of the Policy on Nondiscrimination. School officials denied the chapter’s request, stating “[T]o be one of our student-recognized organizations, the CLS chapter must open its membership to all students irrespective of their religious beliefs or sexual orientation.” The school then stripped the CLS chapter of its yearly funding, despite promises already made by UC Hastings officials to provide for certain chapter-related expenses.
The Christian Legal Society’s Center for Law & Religious Freedom, the Alliance Defense Fund, and allied attorneys Timothy Smith and Stephen Burlingham filed the lawsuit in the U.S. District Court for the Northern District of California on behalf of the plaintiffs.
PHARMACY EXAMINING BOARD HOLDS HEARING TO DETERMINE WHETHER OR NOT TO DISCIPLINE CHRISTIAN PHARMACIST
The Wisconsin Pharmacy Examining Board held a hearing on October 12 and 13 to consider disciplinary charges against Neil T. Noesen, a pharmacist who refused, based on his religious convictions, to dispense a contraceptive.
The Wisconsin Department of Regulation and Licensing filed a complaint against Noesen charging him with unprofessional conduct and practicing in a manner which departed from the relevant standard of care by endangering the health, welfare, or safety of a patient.
At the hearing, an Administrative Law Judge heard testimony from Noesen and a number of experts who testified on his behalf. The Judge asked attorneys on both sides to file final briefs by November 10, after which she will then make a recommendation to the Wisconsin Pharmacy Examining Board. The Board will decide whether or not Noesen will be disciplined for failing to fill the prescription. Each party will then have the opportunity to appeal the Board’s decision to a state Circuit Court.
Center attorney Steven H. Aden assisted Noesen’s attorney, Krystal Williams-Oby, as she prepared for and presented argument at the hearing. The Alliance Defense Fund is supporting the Center’s work on this case.
Back To Top
