The Associated Press published an update to the University of California’s Hastings College of the Law vs. Christian Legal Society that I posted earlier about. It includes some of the questions and responses during the US Supreme Court session.
Alito asked Garre what the practical effects of Hastings’ policy will be for groups. Say “there is a small Muslim group; it has 10 students. If the group is required to accept anybody who applies for membership, and 50 students who hate Muslims show up and they want to take over that group, you say First Amendment allows that?” Alito said.
Garre said that has never happened to a group.
“CLS obviously thinks this is a real threat,” Alito said. “Now, what do you propose that they do?”
Garre said the members who are now outnumbered can leave the group.
“If hostile members take over, former members of CLS can form CLS 2?” Alito asked skeptically.
The Christian group could require knowledge of the Bible to join, Garre said. “There is a fundamental difference between excluding people on the basis of merit and excluding people on the basis of status or belief that has no connection to merit,” he said.
Just as I wrote earlier, these Christian groups that have issues with excluding people who don’t subscribe to their beliefs are worried about having their groups taken over by their opponents. That has never happened as far as I know.
The problem is if you want state recognition and funds you can’t exclude people based on beliefs.