ASU's Christian Legal Society is claiming in a lawsuit against ASU that the University's Student Code of Conduct's nondiscrimination policy discriminates against its beliefs.
ASU CLS members filed suit against the University Nov. 17 after a request to be exempt from a club nondiscrimination clause was denied by ASU administrators.
CLS spokesman Casey Mattox said the policy doesn't allow them to be selective with their membership, potentially forcing them to include as formal members students who are neither Christian nor uphold the Christian values they represent.
"We sent a letter to the University where it was explained why an exemption was necessary," Mattox said. "[Members'] First Amendment rights are being watered down."
Mattox said official membership is granted only to students who are willing to sign and abide by the club's "Statement of Faith."
He said those with other religious beliefs as well as homosexual students could not sign the statement in good faith.
"This is not about homosexuality per se, it's about consistency with our statement of faith," Mattox said. "It's not that homosexuality is being targeted here."
Though membership is not extended to these students, Mattox said all meetings and events are open to everyone.
"Student meetings are and always have been open and will continue to be," he said.
Nancy Tribbensee, ASU deputy general counsel, said the University is taking the lawsuit seriously and defends the nondiscrimination policy presented by the Arizona Board of Regents, which states student clubs must to be open to all students.
"We require all student organizations to meet the same requirements. We're not imposing anything special or different on this group," she said. "These are policies we support."
Tribbensee said ASU CLS members asked for an exemption from the policy, but ASU officials have no power to grant one. The policy is dictated through the regents.
"I'm not aware that we have ever granted an exemption," she said.
The lawsuit lists various defendants including ASU President Michael Crow, Regents President Gary Stuart and Gov. Janet Napolitano, though Tribbensee said they would likely be dismissed from the suit because they are protected under state law from being held accountable, as they act only within their official capacity.
Ultimately, Tribbensee said, the suit is between two legal entities: CLS and the board of regents.
CLS has filed five other lawsuits similar to the one being brought against ASU, all at public universities.
Of the five, four have gone into litigation. Three have settled: Washburn University, Ohio State University, Pennsylvania State University, and the fourth, the University of Iowa, settled during pre-litigation. The University of California-Hastings is currently still involved in litigation with CLS.
Despite resistance, Mattox said he was confident the lawsuit would be successful.
"At Arizona State, the policy is even broader and more constitutionally problematic than the other policies at the other [five] schools," Mattox said.
He said, according to the code, even if the club doesn't receive funds and other benefits from the University, the club must still comply if it meets on campus.
The lawsuit has not gone unnoticed by other student organizations.
On Sunday, students and campus clubs, such as the Lesbian, Gay, Bisexual, Transgendered and Queer Coalition, the Young Democrats, the National Association for the Advancement of Colored People and the American Civil Liberties Union formed the Coalition Against Discrimination, to support ASU and the regents during the litigation process.
Jeff Stensland, spokesman for the ASU LGBTQ Coalition, said he fears the University will fold against the lawsuit if not supported.
"The LGBTQ is concerned that ASU will give up just like some of the other universities already have.
"ASU is up against a huge organization with a lot of money behind them, but I think ASU will be able to take them on. ASU administration needs to realize that it's not about money, it's about rights and progress," he said.
Currently, the Alliance Defense Fund, an organization that Mattox said agrees with the CLS lawsuit, is providing the group with financial and legal support.
Kyrsten Sinema, a coalition organizer and ASU law student, said she fears that if the lawsuit succeeds, it will open ASU to alternate forms of discrimination.
"If CLS were to prevail on this lawsuit and be exempted from the nondiscrimination policy, other similarly situated groups could also discriminate," she said. "When you think about the broader implications, it could have a potentially far reaching and most definitely harmful impact."
The Undergraduate Student Government will also be addressing the issue in a meeting next Tuesday, when a resolution sponsored by the University Affairs Committee will be discussed.
Reach the reporter at rkost@asu.edu.
