“Common Sense, Not Discrimination”

That’s the verdict of the Student Judiciary at the State University of New York at Buffalo, which has reinstated the local chapter of Intervarsity Christian Fellowship as a campus student organization. Earlier this year, the Student Senate had revoked recognition because of Intervarsity’s requirement that leaders in the organization affirm traditional Christian beliefs, including beliefs about homosexuality. Last December, the chapter’s  treasurer, who is gay, told the university’s student newspaper that he had been pressured to resign because he would not sign a statement affirming the truth of Biblical passages, including passages condemning homosexual conduct. The Senate believed this episode showed that Intervarsity violated the university’s non-discrimination policy, but the Judiciary disagreed, arguing that one must distinguish between membership and leadership in a student organization. Intervarsity was open to all SUNY-Buffalo students, including gay students, the Judiciary explained; but  “it is common sense, not discrimination, for a religious group to want its leaders to agree with its core beliefs.” Similar disputes about the religious freedom of student groups have occurred recently at other American universities, including Vanderbilt, and of course, UC-Hastings Law School, the subject of the Supreme Court’s 2010 ruling in CLS v. MartinezMartinez held that an “all-comers” policy requiring student religious organizations to open their leadership to all students regardless of belief is constitutionally permissible. That’s not to say an all-comers policy is constitutionally required, however.

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