The Problems in the Association of Black Students - Essay Example

A. In the CPM, read the case Christian Legal Society v. Walker and answer Question 2 in 3 pages. Christian Legal Society v. Walker hadeffects on several aspects of Constitutional law. As the readings in the CPM manual indicate, a single claim gives pause for a riptide of issues. Indeed, very recently, Christian Legal Society finds itself crossing swords with a recent filing and the issue being litigated is the right to freedom of association. On April 29, 2009 the Foundation for Individual Rights in Education (FIRE) filed an amicus curiae brief begging the United States Supreme Court to hear an appeal of Truth v. Kent School District, in particular relevance to this submission it is a decision from the United States Court of Appeals for the Ninth Circuit that is believed to be a clear and dangerous threat to freedom of association on public college campuses. (Education, 2009) In Truth v. Kent School District, the Ninth Circuit Court of Appeals held that Washington's Kentridge High School did not violate the First Amendment rights of Truth, a Christian student group, by repeatedly denying the group's applications for official recognition. The school denied Truth's application because the group asked all voting members and officers to sign a "statement of faith" that the school contends violates nondiscrimination policies. By finding that the school had not violated Truth's First Amendment right to freedom of association, the Ninth Circuit directly contradicted Supreme Court precedent granting groups the right to choose their membership based on shared beliefs. The Ninth Circuit's holding in Truth directly conflicts with Legal Society v. Walker, in which the Seventh Circuit found that a public law school's refusal to recognize a Christian student group because of the group's membership requirements violated the group's First Amendment right to freedom of expressive association. FIRE's brief asks the Supreme Court to reconcile this split between the circuits. Boy Scouts held that the Scouts could exclude scoutmasters who were openly engaged in homosexual behavior and Rosenberger held that religious student organizations were entitled to viewpoint-neutral access to student-fee funds. Seemingly however, they rest on a backdrop of other cases, most importantly Healy v. James which reversed a university's decision to deny recognition to Students for a Democratic Society) and Widmar v. Vincent which held that universities had to provide religious student organizations with equal access to university benefits. The Healy court held that there was a free-association interest in student-organization recognition: "There can be no doubt that denial of official recognition, without justification, to college organizations burdens or abridges that associational right." On a university campus, recognition goes hand in hand with existence. If you are not recognized by the university, you have guaranteed marginalization. There is a tremendous qualifier with respect to on campus and off campus activities. The Supreme Court has clearly established the following: "Student organizations have a free-association right in recognition; religious student organizations have a right to access university facilities; and religious student organizations have a right to access student-activity-fee funds." (French, 2009) The problem exists, with respect to the qualifier and the question remains as to whether the qualifier comes first or whether the constitutional right takes precedence. B. Problem 16* Midstate University is a large state university. In the last few years, several student organizations have been established at the university that focus, in whole or in part, on religious values, religious worship, and religious evangelism. The New Light Fellowship, a student group affiliated with an outside religious organization, has been active on campus for two years. It is recognized by the Student Government Association, and thus receives funding from mandatory student fees and is allowed to hold meetings in the Student Union. Meetings are devoted to prayer and to discussions of religious philosophy and ethics. One of the credos of the New Light Fellowship is the separation of the races. The group will not allow students of color to attend its meetings or to become members. Members believe that this practice is religiously based and derives from a literal interpretation of the Bible. The Association of Black Students (ABS), another student organization recognized by the student government, is aware of the practices of New Light Fellowship. ABS has protested to university officials about the existence of such a group on campus, its funding from mandatory student fees, and its use of campus facilities. The ABS members argue that such university support for the New Light Fellowship violates the Establishment Clause and the equal protection clause of the U.S. Constitution and also violates their free speech rights. The ABS has filed a lawsuit in federal district court, seeking to enjoin the university from providing recognition, funding, and student union space to the Fellowship. The Fellowship argues that any such action, by the university or by the court, would violate its free exercise of religion and its freedom of association rights. Advise the university president on the likelihood of ABS's success in this lawsuit. Also consider whether the university should redraft its policies for recognition of student organizations and for allocating student fees to student organizations. Would the analysis be any different if the New Light Fellowship discriminated on the basis of sexual orientation rather than race In the CPM, answer the Questions presented in Problem 16 in no more than two pages. This controversy presents a rather disturbing problem because it would appear to directly pit two constitutionally protected rights against one another and thus forces courts to rule on an issue that a court would most likely wish to avoid: freedom of religion, guaranteed by the First Amendment, and equal protection under the law, as established by the 14th Amendment. It would seem that the majority of colleges and universities either have little regard or are afraid of religious freedom. It would seem that the safe way to think and of course position oneself as a campus official is that conservative religious individuals, groups, and institutions are backward and bigoted. If a school official disagrees with the New Light Fellowship message, that school official is free to beat their chests and lament about the alleged intolerance of New Light Fellowship. What they absolutely may not do, under any circumstance is in any way interfere or attempt to halt or marginalize religious expression or to exclude religious groups from campus. It is critical for New Light Fellowship, on campus, to maintain strict control over the deliverance of their message whatever it may be. It is a belief and they are entitled to it. However New Light is also responsible, as a matter of common sense, to make sure that whatever the message is, that its integrity is maintained and the interpretation of it is controlled. This case does not present an issue belief, but rather status. There is nothing about being white that would prevent someone in the New Light Fellowship from sharing a common passionate cause with a member of ABS. The university is under absolutely no obligation to require a campus chapter of ABS to welcome members of the New Light Fellowship with a hero's welcome. While the beliefs of both groups may be at odds with each other, that is not the issue for constitutional law. The Fourteenth Amendment requires the government to provide citizens with equal protection; it does not mandate that PRIVATE ORGANIZATIONS treat all their members equally. The equal protection provisions of the Fourteenth Amendment have no bearing on the composition of a church congregation or the membership of any political party. It would seem that the Fourteenth Amendment defense is typically raised for two reasons: (1) to confuse the public into thinking that these amendments actually conflict, thereby providing a degree of public relations "covering" for an unconstitutional act; (2) they somehow believe that the act of "recognizing" a student organization makes it -- in essence -- a part of the university instead of a private entity. (French, National Review Online, 2005) Student groups at most major universities cannot exist at all unless they agree to abide by all university regulations -- including expansive nondiscrimination rules. Thus, there is typically no lower level of regulation for groups who want facilities access but not student fee funding. The funding issue is often simply irrelevant to the larger question of the group's ability to exist at all. The key here is to recognize that campus groups are being denied religious freedom if they are being asked to accept students that disagree with their mission or message as a precondition for recognition (which is just another word for "existence."). (French, National Review Online, 2005). Thus, there is no reason for the university to redraft its policies for recognition of student organizations and for allocating student fees to student organizations. This analysis would not be any different if the New Light Fellowship discriminated on the basis of sexual orientation rather than race. Works Cited Education, F. f. (2009, April 29). www.thefire.org. Retrieved May 13, 2009, from The Fire: http://www.ask.com/barq=Christian+Legal+Society+v.+Walker+and+student+freedom+of+association&page=1&qsrc=2417&ab=1&u=http%3A%2F%2Fwww.thefire.org%2Findex.php%2Farticle%2F10537.html French, D. (2005, January 27). National Review Online. Retrieved May 13, 2009, from National Review Online: http://www.thefire.org/index.php/article/5189.html French, D. (2009, December 08). National Review Online. Retrieved May 13, 2009, from National Review Online: http://www.ask.com/barq=Christian+Legal+Society+v.+Walker+and+healy+v+james&page=1&qsrc=2106&ab=7&u=http%3A%2F%2Fphibetacons.nationalreview.com%2Fpost%2F%3Fq%3DNzRmYmM3OWNlZmU1ZGUwYzNkMGFmNzdiMjU4NmM0NDc%3D Read More