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UC Hastings College of the Law can deny recognition and funding to a Christian student group because it excludes gays, lesbians and non-Christians, a federal appeals court ruled Tuesday. The San Francisco law school is entitled to require official student organizations to "accept all comers as members, even if those individuals disagree with the mission of the group," the Ninth U.S. Circuit Court of Appeals in San Francisco ruled. It said the school's policy is "viewpoint-neutral" and does not violate the rights of theChristian Legal Society.
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The brief ruling cited the court's decision last year allowing a Washington state high school to deny recognition to a student Bible club that required members to endorse its religious creed. Last week, the club asked the U.S. Supreme Court to review that case.
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Ethan Schulman, a lawyer for UC Hastings, said Tuesday's ruling allows the school to apply its nondiscrimination policy to any group seeking recognition and a share of the funding that goes to organizations from mandatory student fees. The Christian Legal Society's arguments "would carve a gaping loophole in those nondiscrimination policies" and "force the law school to subsidize discriminatory groups," Schulman said.
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The Hastings chapter, Hastings Christian Fellowship, was initially open to all students and was eligible for funding, office space and inclusion in official publications. Starting in 2004, however, the chapter - apparently following a new national policy - required members to endorse a "statement of faith" and barred anyone who engaged in "unrepentant homosexual conduct."
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