Christian Student Group Fights for Recognition on Kansas Campus
by Jim Brown and Jody Brown
September 23, 2004
(AgapePress) - The Christian Legal Society (CLS) is asking a federal court to reinstate its chapter at the Washburn University School of Law in Topeka, Kansas.CLS was kicked off the Washburn campus and stripped of its funding for the year after the Student Bar Association early this month upheld a religious discrimination complaint brought by a Mormon student. The student, Daniel Arkell, felt excluded from CLS because he could not agree to the group's statement of faith, which is based on the Apostle's Creed.
Arkell had led a CLS Bible study last semester during which he advocated religious beliefs that were inconsistent with that statement of faith. His stance resulted in leaders of the chapter telling him he would no longer be allowed to lead similar Bible studies. In response, Arkell filed a charge of religious discrimination.
Steve Aden, chief litigation counsel for the Center for Law & Religious Freedom, believes the university's non-discrimination policy was applied unconstitutionally.
"In the case of student organizations that are Christian or faith-based, however, the effect of that provision is discriminatory in itself," Aden says, explaining further. "[It] would require that Christian organizations like Christian Legal Society ... not discriminate against non-Christians and keep them from becoming members or leaders -- an obviously ridiculous result."
In the eyes of Gregory Baylor, director of the Center for Law & Religious Freedom, the school -- by its actions -- is trying to force the CLS chapter at Washburn to sponsor a Bible study leader who clearly rejects the chapter's religious message. He finds that "outrageous."
"Punishing CLS for preserving its religious identity is a bizarre misapplication of university non-discrimination rules," Baylor says in a press statement. "Washburn should respect the constitutionally protected right of students to band together around shared ideas." The Center's director wonders, for example, if the university would similarly punish the College Democrats for preferring their members and leaders be members of the Democratic Party.
Now CLS is hoping a federal judge will reinstate the group and restore its funding. "Because we are members of the body of Christ, there's no way that we can contemplate having as members or leaders of the organization those who are outside of Christ," Aden explains. "Part of what we do at CLS is educate the public and those that we come in contact with about the meaning of the body of Christ."
Aden says he is hopeful the Washburn administration will recognize the actions of the Student Bar Association were unconstitutional and find a way to correct the problem.
Success in Iowa
Earlier this year, the Center for Law & Religious Freedom intervened -- again on behalf of a CLS chapter -- in a similar situation at the University of Iowa and came away successful. That school had rejected a "recognition form" submitted by the chapter because it did not contain language consistent with the university's membership clause.
That membership clause requires that campus organizations not "discriminate" against any individual based on creed, religion, or "sexual orientation" -- provisions with which the Christian law group refused to agree.
On behalf of the CLS chapter, the Center argued that the First Amendment protects a religious student organization's ability to define its identity and mission through membership and leadership qualifications -- such as sexual abstinence and adherence to a statement of faith based on the Holy Bible. As a result, the University of Iowa relented and agreed to recognize a CLS chapter on campus and allow it to retain its religious identity.
Aden stated at that time that CLS's victory in Iowa was not just for the chapter but for "every devout student of faith who seeks to practice a lifestyle that is separate from the mainstream -- including Orthodox Jews, Muslims, and many others."
