The Seventh Circuit has reversed the lower court in Christian Legal Society v. Walker. By way of full disclosure, I was local counsel for the Foundation for Individual Rights in Education and signed an amicus brief supporting the CLS.
Walker involves a decison by Southern Illinois University's School of Law to revoke the official student organization status of the Christian Legal Society, which accepted as voting members and officers only those who subscribed to a statement of faith. That statement, among other things, said that the student must no engage in or approve of fornication, adultery or homosexual conduct. This, accoriding to SIU, violated the university's nondiscrimination apology.
The district court denied CLS' motion for a preliminary injunction, but the Seventh Circuit reversed. Judge Diane Sykes wrote for a two judge majority. Here's a money quote:
CLS is a faith-based organization. One of its beliefs is that sexual conduct outside of a traditional marriage is immoral. It would be difficult for CLS to sincerely and effectively convey a message of disapproval of certain types of conduct if, at the same time, it must accept members who engage in that conduct. CLS’s beliefs about sexual morality are among its defining values; forcing it to accept as members those who engage in or approve of homosexual conduct would cause the group as it currently identifies itself to cease to exist.
Judge Wood dissented.
Whatever you think of the UW's decison on Kevin Barrett, yesterday was a great day for freedom of speech - and of religion.