CENTER SUES ARIZONA STATE UNIVERSITY ON BEHALF OF STUDENT GROUP IN ATTEMPT TO SECURE RELIGIOUS FREEDOM ON
CAMPUS
The Christian Legal Society chapter at Arizona State University College of Law (ASU) filed a lawsuit on November 17, 2004
against school officials who demanded that the chapter and its members abide by the school’s “nondiscrimination” policy. The
policy would prevent the chapter from conditioning membership and choosing leadership on the basis of an individual’s agreement
with the CLS “Statement of Faith.”
Through counsel at the Christian Legal Society’s Center for Law and Religious Freedom, the CLS chapter asked school
officials in September 2004 to exempt the group and other religious student organizations from the religion and sexual
orientation portions of the “nondiscrimination” provision of the Student Code of Conduct. Center attorneys explained that
anyone is welcome to attend chapter meetings and events, but that official members and leaders must agree to the CLS Statement
of Faith, which is considered orthodox in both the Protestant and Catholic traditions. School officials denied the chapter’s
request for an exemption, placing the chapter and its members in jeopardy of university sanctions under the Student Code of
Conduct should they continue to require that members and leaders adhere to the Statement of Faith.
The CLS’s Center for Law & Religious Freedom and the Alliance Defense Fund filed the lawsuit in the U.S. District Court for
the District of Arizona.
TENTH CIRCUIT FAVORABLY INTERPRETS FEDERAL RELIGIOUS FREEDOM LAW
The U.S. Court of Appeals for the Tenth Circuit upheld previous decisions granting a New Mexico religious group the right to
temporarily continue using a controlled substance in their religious ceremonies. The court issued its decision in O Centro
Espirita Beneficiente Uniao do Vegetal v. Ashcroft on November 12, 2004.
Uniao do Vegetal (UDV) is a small religious sect in New Mexico. As part of its religious ceremonies, its members drink a
tea containing DMT, a federally controlled substance. The government threatened to prosecute members of the sect for using the
tea, and UDV sought relief under the Religious Freedom Restoration Act (RFRA). RFRA requires the government to prove that the
burden imposed on religious exercise furthers a compelling governmental interest and does so by the least restrictive means.
The New Mexico federal District Court granted UDV a preliminary injunction, and a three judge panel of the U.S. Court of
Appeals for the Tenth Circuit upheld the lower court decision. The entire Tenth Circuit agreed to re-hear the government’s
appeal.
The CLS Center filed a “friend of the court” brief in February 2003 to support UDV’s free exercise rights. The Center’s
main interest in filing the brief was to ensure that the courts interpret and apply RFRA properly.
CENTER DIRECTOR ADDRESSES CHRISTIAN CHILD SERVICE PROVIDERS
Center Director Gregory S. Baylor addressed the Christian Child & Family Services Association during its recent annual
conference in Fort Worth, Texas. Baylor delivered three speeches: the first about the conflict of worldviews underlying many
contemporary cultural controversies; the second about the law of church and state generally; and the third about the specific
religious freedom issues facing Christ-centered child service providers.
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