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In Christian Legal Society v. Martinez, Left rules against itself

Posted on June 29 2010 3:00 pm

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In Die Another Day – skip the rest of this sentence if you don’t want to me to spoil a rather obvious plot point (it is a Bond movie, after all) – Miranda Frost, after helping Mr. James Bond initially, betrays him to the surprise of everyone and ends up hurting Her Majesty’s loyal servant. Today, Ruth Bader Ginsburg revealed herself to be a bit of a Miranda Frost herself, just not quite as clever.

Now I will not claim to be the world’s greatest legal scholar. I almost always struggle to sit down and read a Supreme Court opinion unless there is some kind of long car ride involved. That having been said, I have studied up on my fair share of cases, and I have to say, Justice Ginsburg’s opinion in Christian Legal Society v. Martinez marks a real first for me: this is the first case I’ve ever seen where the leftist judges on the court voted to hurt primarily left-leaning groups.

When you  look at the facts of the case, it doesn’t really seem like it’s the left-leaning groups that lose. Christian Legal Society (CLS) was denied their application to be recognized as an official group at University of California’s Hastings College of the Law because they refused to allow homosexuals to be voting members (and potentially leaders) of their organization. This violated the school’s policy, which said that officially recognized groups can’t discriminate their membership based on religion, sexuality, race, etc. Since CLS didn’t want to allow homosexuals to join, they didn’t get to be recognized as an official group. The Supreme Court (and by the Supreme Court I mean the leftist judges — including Pres. Obama‘s appointee Sonia Sotomayor, plus the “swing vote” Kennedy – you know, the usual suspects) said that such a policy was constitutional.

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