The Republican members of South Carolina’s congress recently
wrote a letter in an attempt to give religious groups on
college campuses the ability to choose who can join their respective organizations.
Membership is currently regulated by colleges through the “all-comers policy”
that states that these clubs must grant everyone the option to join, regardless
of whether or not they follow and/or agree with the beliefs of said religion.
This policy came about due to the Christian Legal Society v. Martinez case in which the Christian
Legal Society of The University of California, Hastings College of the Law fought
against having to let students join if their beliefs differed from those of the
group. The Supreme Court stated that they must treat all people equally;
therefore making it mandatory for the CLS to allow anyone the option to join.
In order to avoid the all-comers policy, religious
organizations have the option to move off campus and disaffiliate from any
connections with the university. However, this puts the group at an extreme
disadvantage because they will then not be able to receive benefits from these
connections such as money, the use of campus buildings, etc. This raises the
issue of whether or not schools should have the right to regulate aspects of
religious organizations. It is understandable to want to limit or restrict
possible discrimination by making it mandatory for groups to allow anyone
membership, but the worry is that these new members will be against the
religious beliefs and merely be joining in order to cause problems or be
unfriendly to the members. This leaves the clubs having to choose between
having focused members dedicated to the beliefs and standards of said religion,
or receiving the benefits the school has to offer.

This issue is important because it once again brings up the
idea of how intertwined, if at all, schools and religions can be. Considering
the religious group is located on a college campus, I believe that the school
has some control over what the club is able to do because they are affiliated
with said university. However, I strongly believe that taking away one’s
freedom of association by not allowing groups the right to work towards commonly
desired goals is clearly unconstitutional. It is true that they could avoid
this policy by going off campus, but this then makes the members have to choose
between gaining benefits from the school and having fully committed members, a
decision they should not have to make. These groups consist of people who want
to pursue their religious goals and beliefs surrounded by people with the same
interests, and it is unconstitutional to disrupt this process by forcing them
to take people in. This would then lead to the issue of deciding who is truly
following the religion and would therefore be granted the ability to join,
along with who actually gets to make this decision. There is clearly no
definitive solution to the issue, but I think religious organizations have the
right to choose who is able to join in order to best follow the interests of
the group as a whole, and that taking this away is completely disregarding freedom
of association.
What do you think? Is it constitutional for universities to
have control over who can join on-campus religious affiliated organizations?