500 word discussion response elexis wk7

500 words and 2 citations total. 250 words and 1 citation per numbered paragraph below:

1)
The Christian Legal Society (CLS) is a student organization at the University of California, Hastings College of Law. This organization filed a lawsuit against the university in the state’s federal district court for violating their First Amendment rights [1]. CLS was not recognized as an official student organization by Hastings College of Law due to them not allowing any student to participate in the organization. It is state law that student organizations have to allow any student to participate, become a member, or seek leadership positions, regardless of their status or beliefs [1]. It was a requirement by CLS that every member confirm that they “believe in: The Bible as the inspired word of God; The Deity of our Lord, Jesus Christ, God’s son; The vicarious death of Jesus Christ for our sins; His bodily resurrection and His personal return; The presence and power of the Holy Spirit in the work of regeneration; [and] Jesus Christ, God’s son, is Lord of my life” [1]. This case was initially dismissed by the district court. The U.S. Court of Appeals for the Ninth Circuit saw that CLS’s First Amendment rights were not violated. The question for the Supreme Court was did the Ninth Circuit Court make a mistake in its ruling due to the fact that it is directly contrary to the Seventh Circuit’s 2006 decision in Christian Legal Society v. Walker. In a 5-4 split decision the Supreme Court Majority ruled that “a public college does not abridge the First Amendment by declining to acknowledge a student group that refuses to permit all students to join the group, in accordance with state law” [1].

Reference:
[1] Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez, 561 U.S. 661 (2010) Justia Law, https://supreme.justia.com/cases/federal/us/561/66… (last visited Apr 13, 2020)

2)
Rosenberger v. Rector and Visitors of the University of Virginia is a case similar to Christian Legal Society Chapter v. Martinez. In this case Ronald W. Rosenberger, who was a university student, seeked 5,800 dollars from the University for the publishing costs of Wide Awake: A Christian Perspective at the University of Virginia [1]. The funds were coming from a student activity fund. However, the University denied the request on the grounds that it “primarily promotes or manifests a particular belief in or about a deity or an ultimate reality” [1]. According to the University’s guidelines, that is prohibited. The question in this case was “did the University of Virginia violate the First Amendment rights of its Christian magazine staff by denying them the same funding resources that it made available to secular student-run magazines?” [1]. The Supreme Court, in a 5-4 split decision, held that the University was discriminating against Roseberger’s message and imposed a financial burden on his speech [1]. All forms of equality must be promoted even if publication funding is scarce. The University can not support an atheistic perspective and not a religious speech. In the past the University promoted publication and gave no regards to whether it contained religious content or not. Therefore, the University’s publication policy was considered to be neutral by the Court and not in violation of the establishment clause [1]. I do not feel the school handled the controversy correctly by denying the publication due to it having a religious message. I agree with the Court ruling on the matter.

Reference:
[1] Rosenberger v. Rector & Visitors of the University of Virginia LII / Legal Information Institute, https://www.law.cornell.edu/supremecourt/text/515/… (last visited Apr 13, 2020)

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