Of course, with one more “originalist” judge just calling balls and strikes, there might have been a different outcome:
A public law school did not violate the First Amendment by withdrawing recognition from a Christian student group that excluded gay and lesbian students, the Supreme Court ruled on Monday in a 5-to-4 decision.
The case, involving a clash between religious freedom and anti-discrimination principles, divided along familiar ideological lines, with the court’s four more liberal members and Justice Anthony M. Kennedy in the majority.
Justice Ruth Bader Ginsburg, writing for the majority, said that it was constitutionally permissible for public institutions of higher education to require recognized student groups to accept all students who wished to participate in them.
Justice Samuel A. Alito Jr., writing for the four dissenters, said the decision represented a triumph for the principle that there is “no freedom for expression that offends prevailing standards of political correctness in our country’s institutions of higher learning.”
What this basically boils down to is Alito thinks it is a strike against religious freedom if a public school decides it doesn’t want to fund student groups that exclude or attack other students. Political correctness run amok, I know!
But that’s originalism for you- as we all know, Washington and Jefferson and the rest of the founding fathers were big on state funding of school groups that had “God hates fags” as their mission statement (and that isn’t what the CLS was doing, as they actually just wanted special rights that allowed them to ignore the rules everyone else has to follow in order to receive funding. Alito, however, would be fine with either, it appears).
Edited for clarity.