ALPHA DELTA CHI-DELTA CHAPTER v. REED

No. 09-55299.

648 F.3d 790 (2011)

ALPHA DELTA CHI-DELTA CHAPTER, a sorority at San Diego State University; Alpha Gamma Omega-Epsilon Chapter, a fraternity at San Diego State University; Melissa Perea, an individual, fka Melissa Travis; Jackie Lewis, an individual; James Rosenberg, an individual; David Shokair, an individual, Plaintiffs-Appellants, and Every Nation Campus Ministries at San Diego State University, a student organization at San Diego State University; Every Nation Campus Ministries at Long Beach State University, a student organization at California State University, Long Beach; Haley Hawthorne, an individual; Trevor Stokes, an individual; Gwendolyn Davis, an individual, Plaintiffs, v. Charles B. REED, in his official capacity as Chancellor of the California State University; Steven L. Weber, in his official capacity as President of San Diego State University; Douglas Case, individually and in his official capacity as Coordinator of Fraternity and Sorority Life at San Diego State University, Defendants-Appellees, and F. King Alexander, in his official capacity as President of California State University, Long Beach; Jeffrey Klaus, individually and in his official capacity as Director of Student Life and Development at California State University, Long Beach, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2011.


Attorney(s) appearing for the Case

Benjamin W. Bull and Jeremy D. Tedesco , Alliance Defense Fund, Scottsdale, AZ; Jordan W. Lorence (argued), Alliance Defense Fund, Washington, D.C.; David A. French , Alliance Defense Fund, Columbia, TN; and John M. Stewart , Law Offices of Stewart & Stewart, Orange, CA, for the plaintiffs-appellants.

Susan Westover , California State University, Office of General Counsel, Long Beach, CA, for the defendants-appellees.

Steven W. Fitschen , Virginia Beach, VA, for amicus The National Legal Foundation.

Elizabeth Gill , American Civil Liberties Union Foundation, Lesbian Gay Bisexual Transgender Project, San Francisco, CA; David Blair-Loy , American Civil Liberties Union Foundation of San Diego and Imperial Counties, San Diego, CA; James D. Esseks and Rose A. Saxe , American Civil Liberties Union Foundation, Lesbian Gay Bisexual Transgender Project, New York, NY; and Daniel Mach , American Civil Liberties Union Foundation, Program on Freedom of Religion and Belief, Washington, D.C., for amici American Civil Liberties Union and American Civil Liberties Union of San Diego and Imperial Counties.

Opinion by Judge PREGERSON; Concurrence by Judge RIPPLE.


OPINION

PREGERSON, Circuit Judge:

The Supreme Court held in Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez that a public law school does not violate the Constitution when it "condition[s] its official recognition of a student group—and the attendant use of school funds and facilities—on the organization's agreement to open eligibility...

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