David French: Ninth Circuit ruling on Christian student groups lacks common-sense and is legally “out of step”

David French writes at the National Review Phi Beta Cons Blog:

Last Tuesday, the Ninth Circuit heard arguments in Christian Legal Society v. Kane, where the primary issue at oral argument was whether the panel was bound by the Ninth Circuit’s high-school ruling and must also limit the free-association rights of university students. This week, the answer came with shocking speed: neither high-school nor college religious groups can impose religious eligibility requirements on members or leaders.

From a common-sense standpoint, this is absurd . . . From a legal standpoint, the Ninth Circuit is now decisively out of step with at least two other circuits . . .