Supreme Court upholds Hastings Law School’s all-comers policy for registered student organizations

Religion Clause: “Justice Alito wrote a dissent, joined by Chief Justice Roberts and Justices Scalia and Thomas. The dissent argued that the Court should focus on the non-discrimination policy as written, since that was the policy originally invoked to deny CLS registration. That policy, the dissent argues, amounts to viewpoint discrimination since only religious groups are required to admit students who do not share their views. Political groups or groups formed around other causes can limit membership. The dissent goes on to argue that even limiting the analysis to the broader all-comers rule, the policy is unconstitutional. It was adopted as a pretext to suppress a particular viewpoint and it is not reasonable in light of the purposes of the student organization policy which is promoting diversity among student organizations.” | ADF News Release