The Supreme Court ruled this summer in Christian Legal Society v. Martinez that student associations that violate a school's "all-comers" policy should not be entitled to university funds. Though the ruling went nearly unnoticed, it could have major ramifications for the relationships between schools and their student organizations.
CLS, an organization at the University of California's Hastings College of the Law, was denied official recognition by the school and thus was denied from funding and use of the school's facilities. The school had reservations about CLS' statement of faith, which entails specific stipulations for the religious beliefs of leadership and the extramarital activities of members, alleging that it violated Hasting's anti-discriminatory "all-comers" policy. The policy prohibits any organization officially recognized by the school from denying membership or leadership opportunities to any student.
But do these policies pose a threat to contracted independent organizations at the University?
Student Council has a $600,000 appropriations fund that is allocated to CIOs annually. To qualify for funding, a CIO must have a membership of at least 51 percent students; the group's officers must be all full-time, fee-paying students; it must keep an updated copy of its constitution on file at the Student Council office; and, most importantly, the group must comply with the University's nondiscrimination clause. But CIOs at the University have more leeway in limiting their membership than do similar organizations at other colleges, as outlined by the Student Activity Fee Guidelines that govern CIO operations. Specifically, a "CIO may restrict its membership based on ability to perform the activities related to the organization's purpose." For example, "a choral group may restrict its membership based on vocal range or quality, which may also result in a chorus or choruses of one or predominately one gender," according to Council's website.
CIOs must follow the University's nondiscrimination policy, which prohibits funding for any University group responsible for administering "its programs, procedures and practices without regard to age, color, disability, marital status, national or ethnic origin, political affiliation, race, religion, sex (including pregnancy), sexual orientation or veteran status." Council Vice President for Organizations Evan Shields argued that the opt-out option of the student activities fee loosens up the legal restrictions surrounding those funds. So if a student objects to the public use of these funds, he can opt to have the fee waived. The system enables Council to fund religious and political groups, but CIOs cannot be reimbursed for religious ceremonies, philanthropic activities or political campaigning.
As for the implications of CLS v. Martinez, Dean of Students Allen Groves does not think the court ruling poses a threat to CIOs at the University. "We have no such 'all-comers' policy at UVA," Groves said in an E-mail, "so in my view, it doesn't materially impact our current approach." Groves added that the ruling in the CLS case is narrow in scope, and only apply to schools with similar all-comers policies.
Generally speaking, the University is best-suited to protect itself from legislative changes and these kinds of court rulings when its policies are flexible and officials are judicious about distinguishing between public and private funding sources.
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