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Comment from ADF on Supreme Court's decision not to review SDSU Christian club case
“Public universities should encourage, not censor, the free exchange of ideas. But for now, the supposed marketplace of ideas at San Diego State University will remain a stronghold for censorship. We wish the Supreme Court would have used this opportunity to make clear that the First Amendment protects the right of student groups to employ belief-based criteria in selecting their members and leaders.”
“Throughout the years of defending its policy, the university did not tell the Democratic club it must be led by a Republican, or the vegetarian club that it must be led by a meat-eater, but it did tell Christian groups that they must allow themselves to be led by atheists. Even its purported, 11th-hour policy change made at the doorstep of the Supreme Court continues to treat religious groups less favorably than many other student groups. When political conformity is placed ahead of the constitutionally protected rights of students, all students--including students of faith--suffer.”
ADF Media Relations: (480) 444-0020 or www.adfmedia.org/home/contact
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David A. Cortman serves as senior counsel and vice president of U.S. litigation with Alliance Defending Freedom. He has been practicing law since 1996, and currently supervises a team of over 40 attorneys and legal staff who specialize in constitutional law, focusing on religious freedom, sanctity of life, and marriage and family. Cortman has litigated hundreds of constitutional law cases including two victories at the U.S. Supreme Court. In Trinity Lutheran Church v. Comer, he secured a 7-2 victory that overturned Missouri’s denial of a religious school’s participation in a state funding program. Cortman also argued Reed v. Town of Gilbert, securing a 9-0 ruling that prohibits the government from discriminating against religious speech. A member of the bar in Georgia, Florida, Arizona, and the District of Columbia, he is also admitted to practice in over two dozen federal courts, including the U.S. Supreme Court. Cortman obtained his J.D. magna cum laude from Regent University School of Law.