Court Rules College Doesn't Have To Accept Anti-Gay Club

The Christian Legal Society said it should get campus funding and other benefits even though it refuses to open its membership to gays, lesbians and nonbelievers - all requirements of the San Francisco school.

"The First Amendment provides a right of expressive association," said Tim Tracey, an attorney for the society. "We want to associate with people that affirm a certain number of our beliefs."

Tracey said the group has a right to exclude people it does not wish to associate with, as does the Boy Scouts of America, pointing to the 2000 U.S. Supreme Court ruling that held the Boys Scouts and its affiliates can prohibit gays from joining scout troops and becoming scout leaders. The high court said the constitution gave scouts the right to choose its members.

The 30-member Hastings group was told in October 2004 that it was being denied recognition, including university funding and benefits, because of its policy of exclusion.

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