Summary

In 2004, the University of California – Hastings College of the Law implemented a policy that conditioned official recognition for student groups upon the affirmation of a non-discrimination policy that prohibits a student organization from discriminating on the basis of religion, or sexual orientation of students. The policy has the effect of prohibiting religious student groups from requiring its voting members or leaders to hold to the faith of the group. ADF and CLS filed a lawsuit against the University. During litigation, Hastings adopted an “all comers” policy that requires all student groups to open all leadership positions to every student. Addressing this all comers policy, the District Court and Ninth Circuit Court of Appeals ruled in favor of the University, and the U.S. Supreme Court affirmed the ruling by a vote of 5-4.

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