Discrimination Under God/Update

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"Schools given OK to discriminate against Christians," a press release from the Alliance Defense Fund declares, with some justice.  The Supreme Court has declined to review the 9th circuit's decision in Truth v Kent, which I discussed here last week (along with a contrary ruling by the 7th circuit in CLS v Walker.)   The decision in Truth, allowing public school administrators to withhold official recognition from student religious groups with religious membership requirements, will stand.  In other words, (at least within the jurisdiction of the 9th circuit,) schools may use their non-discrimination policies to discriminate against student groups with discriminatory membership rules: a public vision of equality trumps a private, religious right of association.

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Wendy Kaminer is an author, lawyer, and civil libertarian. She is the author of I'm Dysfunctional, You're Dysfunctional.

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