CLS v. Martinez Decided 5-4 in Favor of Hastings

June 28, 2010:  Read the Supreme Court's decision in CLS vs. Martinez, issued June 28, 2010.

May 12, 2010: SALT sent a letter to Senator Carl Levin, Chair of the Armed Services Committee, thanking him for his leadership on repealing Don't Ask Don't Tell, and requesting that he amend the Department of Defense Fiscal Year 2011 Authorization Request bill to include language repealing Don’t Ask Don’t Tell. Read a copy of the May 12th letter. 

May 10, 2010: SALT sent a letter to Speaker of the House Nancy Pelosi, urging her to schedule a vote on repeal of Don't Ask Don't Tell when the House considers the Department of Defense fiscal year 2011 authorization request bill the week of May 24th.  Read a copy of the May 10th letter.

On March 15, 2010, SALT filed an amicus brief in the CLS v. Martinez case presently pending before the United States Supreme Court.  Longtime SALT friend, Danny Greenberg, special counsel at Schulte, Roth & Zabel LLP, arranged for SALT to retain the firm as pro bono counsel.  The Schulte Roth team, led by partner Mark Mandel, with senior associate Frank LaSalle as the primary author, worked with the SALT LGBT Committee and the SALT board to craft a filing that captures the unique interest that law faculty have in a non-discriminatory learning environment. 

SALT thanks Robert Abrahams, co-chair of the Litigation Department, Danny Greenberg, special counsel, Mark Mandel, Frank LaSalle, Brian Kohn, Peter Lattanzio, Theresa Concepcion, Eliza Jacobs and Nicole Davidson for their expertise, generosity, and diligence despite a very narrow time frame in which to research, draft, edit, and finalize the brief for submission. 

The case arose from University of California Hastings College of Law’s refusal to recognize the Christian Legal Society during the 2004-2005 academic year when CLS changed its membership criteria.  CLS’s revised bylaws violated the law school’s “all comers” policy, which requires that membership be open to all students.  CLS required students to sign statements that would exclude homosexuals and certain Christians who held different beliefs from joining the organization.  CLS sought an exemption from the “all comers” policy based on religion, and that exemption was denied.  A suit was filed in federal district court where Hastings prevailed, and then appealed to the Ninth Circuit Court of Appeals where it was affirmed.  The United States Supreme Court accepted the case, and to date most of the amicus filings have been in support of CLS’s position. 

Read the SALT amicus brief. 

SALT’s LGBT Committee has been very busy.  In addition to pressing for a SALT position in the CLS v. Martinez suit, on March 15th, SALT issued a Statement addressing the recent calls by Virginia Attorney General to suspend anti-discrimination policies at public colleges and universities that include sexual orientation. 

“Attorney General Cuccinelli’s letter is an affront to the ideals of equal protection under the law, established legal precedent recognizing constitutional protections against discrimination based on sexual orientation, and well-established principles of academic freedom.  SALT calls on the Virginia General Assembly to condemn the Attorney General’s statement and to affirm the authority colleges and universities have to maintain their current non-discrimination policies.”

Read SALT’s March 15, 2010 Statement. 

April 20, 2010: Update on CLS v. Martinez argument:

Nan Hunter--Hunter on Justice

Adam Liptak--The New York Times

Associated Press