Dissenting justices said the Court is punishing the Christian organization because of its views. Justice Samuel Alito said the ruling means "no freedom for expression that offends prevailing standards of political correctness in our country's institutions of higher learning."
Justice Antonin Scalia, during oral arguments, articulated the problem with what emerged as the majority ruling: "It is so weird to require the campus Republican Club to admit Democrats, not just to membership, but to officership," he said. "To require this Christian society to allow atheists not just to join, but to conduct Bible classes, right? That's crazy."
The ruling is consistent with many other Court decisions over the past five decades. In contests between "Christians and lions," the Court too often has sided with the lions, making Christians second-class citizens, while upgrading to preferred-class status those who oppose faith and its requirements.
The CLS can always seek private funding, but would it still be allowed to meet on campus and decide for itself who can be a member if it no longer takes funds from the university? The university could easily decide that only groups approved by the school get to have access to campus facilities, which would further discriminate and isolate the Christian group. And that would probably suit the gay groups, whose activism -- especially in San Francisco -- appears to be openly hostile to religious faith and tradition.
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