On 28 June 2010 the Supreme Court issued a majority decision that a California law school can require a Christian group to open its leadership positions to all students, including those who disagree with the group's statement of faith.
This decision affirms the “all comers” policy of Hastings College of the Law (Hastings), which requires all groups to open all positions to all students, regardless of beliefs. David French, senior counsel at the Alliance Defense Fund, warned in his comments on the decision that this could leave unpopular student groups vulnerable to a takeover from those who do not agree with their beliefs.
The Christian Legal Society (CLS) at Hastings not only contested this policy but also argued that Hastings officials had selectively enforced its "all comers" policy, allowing organizations like the Latino group La Raza, but not CLS, to have rules restricting its membership. Justice Ruth Bader Ginsburg gave CLS some hope on this issue by referring the point to the Ninth Circuit Court for consideration.
The case parallels events in 2007 at Exeter University, England, where the Christian Union (CU) had to resist an attempt by the Students’ Guild to remove a number of its long standing rights and privileges, the Guild claiming that the CU constitution did not conform to its Equal Opportunities standards.
Andrea Minichiello Williams, Director of the Christian Legal Centre commented: “It is vital that in a free and democratic society people should be able to organise themselves around core beliefs without interference. Student Christian Unions must fight to retain the freedom to appoint leaders and members who subscribe to similar beliefs.”