FEDERAL COURT HOLDS HEARING IN CLS CHAPTER CONTROVERSY
On March 16, the U.S. District Court for the District of Arizona held a
hearing on a Christian Legal Societey law student chapter's petition for fees
and costs in its successful lawsuit against Arizona State University officials.
This dispute arose when ASU's law school concluded that the CLS chapter was
violating its bans on religious and sexual orientation discrimination.
Consistent with CLS policy, the chapter requires its leaders and voting members
to sign the CLS statement of faith -- something ASU deemed "religious
discrimination." The chapter also takes extramarital sexual conduct into account
in choosing leaders and voting members -- something law school officials deemed
"sexual orientation discrimination."
On the eve of trial in September 2005, ASU capitulated. In settlement of the
chapter's claims, ASU amended its non-discrimination policy to allow religious
groups to take religion into account when choosing leaders and voting members.
It also changed course by acknowledging in writing that the CLS chapter does not
violate ASU's ban on sexual orientation discrimination by taking extramarital
sexual conduct into account in choosing leaders and voting members.
In civil rights cases, prevailing plaintiffs are entitled to reasonable costs
and fees. CLS petitioned for fees and costs, and the court heard arguments from
both sides regarding the chapter's entitlement to fees and costs as well as the
the calculation of the proper amount.
The Center's Chief Litigation Counsel, Steven H. Aden, presented argument and
was assisted by Litigation Counsel M. Casey Mattox. The court took the petition
under advisement and is expected to rule in the near future.
CLS CREATES ASSOCIATION OF FAITH-BASED ORGANIZATIONS
Christian Legal Society has created the Association of Faith-Based
Organizations (AFBO). AFBO's purpose is to serve as the sole or lead plaintiff
in lawsuits challenging the application of religion and sexual orientation
non-discrimination rules to religious organizations.
AFBO membership is open to religious organizations that take religion and/or
sexual conduct into account in personnel decisions, such as choosing board
members, staff, and members.
AFBO will challenge a number of rules that condition access to benefits, such
as participation in state employee charitable campaigns, upon compliance with
religion and/or sexual orientation non- discrimination rules. Such rules are a
growing threat to religious freedom in America, and challenging them is the
Center's top priority. The Center will represent AFBO in legal challenges to
these rules.
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