Wall Street Journal columnist William McGurn pens
a column (for WSJ subscribers only) on the Supreme Court case
involving whether a conservative Christian student group at
Hastings College can be treated equally with other student groups
regarding university recognition and funding, when the university
itself receives taxpayer funding, and still exclude non-believers
and gays from its membership and leadership.
McGurn notes that with bigger and bigger government spreading
taxpayers' money more widely in all directions, it becomes harder
for any institution to not receive public funding. That
leads to contortions such as this:
The dean is Leo Martinez of the University of California
Hastings College of the Law. Here he is defending the school policy
at issue, which requires the Christian Legal Society (CLS) to admit
non-Christians and gays if it wants to be an official student
group:
Question: "Would a student chapter of, say, B'nai B'rith, a Jewish
Anti-Defamation League, have to admit Muslims?"
Mr. Martinez: "The short answer is 'yes.'"
Question: "A black group would have to admit white
supremacists?"
Mr. Martinez: "It would."
Question: "Even if it means a black student organization is going
to have to admit members of the Ku Klux Klan?"
Mr. Martinez: "Yes."
Question: "You can see where that might cause some
consternation?"
LGBT activists and much of the gay community are opposing the
Christian Legal Society, but as McGurn further writes:
That's a much more serious proposition than a simple
disagreement with some private organization. That public/private
distinction helps explain why CLS has also found allies in the
libertarian Cato Institute and Gays & Lesbians for Individual
Liberty. In their own brief, this latter group stresses that it was
the ability of gay Americans to form gay associations-whose
membership rules they defined for themselves-that gave them a
collective voice in the face of an often hostile majority.
Presumably Gays & Lesbians for Individual Liberty do not share
the CLS view of human sexuality. But they understand exactly where
Dean Martinez's logic is taking us.
Update. And expect to see more of
this:
"Three bisexual men are suing a national gay-athletic
organization, saying they were discriminated against during the Gay
Softball World Series held in the Seattle area two years ago. The
three Bay Area men say the North American Gay Amateur Athletic
Alliance in essence deemed them not gay enough to participate in
the series.
An alliance attorney says the group is a private organization
and, as such, can determine its membership based on its goals. Good
luck with that!
Update. The San Diego Gay & Lesbian News
reports:
The National Center for Lesbian Rights (NCLR) last week filed
suit against NAGAAA for enforcing its policy of no more than two
heterosexual players for each team competing in the GSWS against
three players who now purport to be bisexual. Melanie Rowen, the
NCLR attorney representing the plaintiffs, told SDGLN the
orientation of five players from the San Francisco-based team "D2"
was protested by an opposing team at the GSWS in Seattle two years
ago. The protesting team claimed D2 had perhaps as many as five
straight players. NAGAAA's tournament rules allow for no more than
two per team.
According to Rowen, after being asked what their sexual preferences
were, one said he was gay, two refused to answer and two more said
they enjoyed both men and women and one of those was married to a
woman.
Apparently, the National Center for Lesbian Rights has nothing
better to do than sue gay organizations for trying to maintain a
gay identity. Of course, when it comes to defending the rights of
women to mantaining "safe" and "affirming" women-only spaces,
that's apparenlty an entirely different matter.