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WASHINGTON — The U.S. Supreme Court received 22 friend-of-the-court briefs Thursday in support of a Christian Legal Society chapter’s lawsuit against California’s Hastings College of the Law. The briefs demonstrate the breadth and diversity of support for the group’s rights protected by the First Amendment, according to attorneys with the Alliance Defense Fund and CLS Center for Law & Religious Freedom who are litigating the case and filed their brief in the case on Jan. 28.
Among the nearly 100 parties that filed briefs in support of the position of ADF and CLS in the case are 14 state attorneys general and a large number of diverse groups holding to a very wide range of beliefs and practices.
“Christian student groups shouldn’t be forced to deny their faith in order to be treated the same as other student groups. This support--from organizations that fall across the spectrum in their religious, political, and ideological viewpoints--amply testifies to the importance of this case for all,” said Senior Counsel Kim Colby with the CLS Center for Law & Religious Freedom. “True tolerance and real diversity require that each group be able to ensure that its leaders agree with its core mission.”
“Just as all student groups have the right to associate with people who share common beliefs and interests, Christian student groups have the right to be Christian student groups,” said ADF Senior Legal Counsel Gregory S. Baylor. “Requiring leaders of a Christian club to live by a Christian code of conduct is no different than an environmentalist club requiring its leaders not to be lumberjacks.”
Attorneys general for Michigan, Colorado, Florida, Idaho, Alabama, Nebraska, New Mexico, Pennsylvania, South Carolina, Utah, Virginia, Louisiana, West Virginia, and South Dakota filed a joint brief with the court in support of CLS.
Among the numerous and diverse groups that also filed briefs in Christian Legal Society v. Martinez are Becket Fund for Religious Liberty, Boy Scouts of America, Cato Institute, Coalition of African-American Pastors, Compassion International, Foundation for Individual Rights in Education, National Hispanic Christian Leadership Conference, Union of Orthodox Jewish Congregations of America, World Vision, and two dozen past presidents of the Evangelical Theological Society.
The ADF Center for Academic Freedom defends religious freedom at America’s public universities. ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. The CLS Center for Law & Religious Freedom is the advocacy division of the Christian Legal Society, a nationwide association of Christian attorneys, law students, law professors, and judges.
Amicus briefs: Christian Legal Society v. Martinez
Petitioner's brief filed with U.S. Supreme Court: Christian Legal Society v. Martinez
Petition for writ of certiorari: Christian Legal Society v. Martinez
Oral Argument: April 19, 2010, 10AM ET
U.S. Supreme Court
CLS information page: Christian Legal Society v. Martinez
UC Hastings: Student Organizations
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Kimberlee Wood Colby is senior counsel for the Christian Legal Society’s Center for Law and Religious Freedom. Since graduating from Harvard Law School in 1981, she has served as counsel for numerous religious groups before the U.S. Supreme Court, as well as in the lower federal and state courts. She also assisted in passage of the Equal Access Act, the 1984 federal law that protects the right of secondary school students to pray and discuss the Bible in public schools. She is the author of Teachers and Religion in Public Schools and a participant in the drafting of The Bible and Public Schools: A First Amendment Guide and Religion in the Public Schools: A Joint Statement of Current Law, which was the basis for the U.S. Department of Education guidelines titled Religious Expression in Public Schools.
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Gregory S. Baylor serves as senior legal counsel with the Alliance Defense Fund at its Washington, D.C., office, where he litigates cases for the ADF Center for Academic Freedom to protect the rights of Christian students, faculty, and staff at public colleges and universities across the nation. Baylor earned his J.D. at Duke University School of Law, and prior to joining ADF in 2009, he served as director with the Christian Legal Society Center for Law & Religious Freedom in Springfield, Virginia, where he defended religious liberty since 1994. Practicing law since 1990, Baylor is admitted to the U.S. Supreme Court; the U.S. Court of Appeals for the Fourth, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits; the Supreme Court of Texas; the District of Colorado; the Northern District of Texas; and the Western District of Texas.