Eugene Volokh: “Ninth Circuit Panel Holds that University Antidiscrimination Policy May Be Applied to Religious Groups, But Only If It’s Applied to Other Groups”

Eugene Volokh at The Volokh Conspiracy: The case is Alpha Delta Chi-Delta Chapter v. Reed (9th Cir. Aug. 2); the opinion basically agrees with Justice Stevens’s concurrence in Christian Legal Society v. Martinez, which took the same view. The Christian Legal Society majority held only that a policy that recognized groups must take all comers — with some modest exceptions — is constitutional. But the logic of that opinion does suggest that policies which simply require groups not to discriminate based on race, religion, sex, sexual orientation, and so on would likewise be constitutional, if they are applied evenhandedly to all groups.