Reason Freely

Christian Legal Society v. Martinez

Posted in news by reasonfreely on July 6, 2010

If you’ve read a lot of freethinker or atheist blogs, you probably expect me to celebrate a victory over Christians or something in reviewing CLS v. Martinez.  But I’m not.  I’m going to celebrate a small detail in the ruling that moves the nation (via the court) toward more rational thinking on gay rights.

The Wikipedia link describes it without too much legalese.

Click to see the full court opinion on this case.

CLS argued that they can make rules about conduct (“engage in unrepentant homosexual behavior” in this case) even though Hastings University’s rules prohibit making rules biased against specific groups (e.g. homosexuals).  The cour “declined to distinguish between status and conduct” — meaning you’re gay if you’re gay.  For as long as I can remember, the religious right have been pushing this false idea that homosexuality is a choice, just like smoking or something.  But the supreme court wasn’t having any of that BS.  A court of educated justices rejected that faulty logic, rather resoundingly.

What impresses me the most is the idea that groups can spread lies (e.g. homosexuality is a lifestyle/behavioral choice) all they want; but the supreme court, reasoning freely, won’t give that kind of deception any credibility.


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