The Christian Legal Society is awaiting a university response to a lawsuit filed last month.
The Ohio State chapter of the CLS filed suit March 12 after a string of actions against the group threatened to remove its status as a recognized OSU organization.
According to the CLS complaint, CLS-OSU first came under question in October, when the Office of Student Activities noted CLS-OSU's violation of the university's nondiscrimination policy.
"The university told the Christian Legal Society at the Moritz College of Law their constitution would not be approved because it does not contain the membership nondiscrimination clause," said Steve Aden, chief litigation council to the Center of Law and Religious Freedom of the Christian Legal Society. "(The clause) violates (CLS-OSU)'s rights to free speech and expression under the first amendment."
OSU's Nondiscrimination/Equal Employment Opportunity and Affirmative Action Policy 1.10, effective October 1973, states, "Discrimination against any individual based upon protected status, which is defined as age, color, disability, gender identity or expression, national origin, race, religion, sex, sexual orientation or veteran status, is prohibited."
Although every student is invited to attend CLS-OSU meetings, only formal members may become officers and vote in officer elections. According to the CLS complaint, students "must sign a Statement of Faith indicating that (they hold) certain Christian viewpoints commonly regarded in both the Roman Catholic and Protestant evangelical traditions as orthodox" to become formal members of the organization.
"It's not about closing doors to students," Aden said. "It's about who to accept as members and leaders."
According to the CLS complaint, the university requires each student organization to submit a constitution with "a statement that the organization and its members will not discriminate against any individual for reasons of 'creed, religion, (or) sexual orientation."
CLS-OSU requested an exemption from the university ban on creed, religion and sexual orientation discrimination because of the group's beliefs.
"The Bible teaches that any form of intercourse outside of marriage is not according to God's plan and is a violation of scripture," Aden said. For that reason, the CLS does not allow non-Christians and practicing gays and lesbians to formally join the national group or serve as chapter leaders.
"No one would say the Young Democrats should accept the Republicans," Aden said. "CLS is not about being gay or not being gay; it's about following a holy lifestyle, which is no sex outside of marriage."
The university cannot comment on pending litigation, said Liz Cook, spokeswoman for OSU.
The university must file an answer by May 18, said Kathleen, OSU's attorney for the case.
In the meantime, CLS-OSU is conducting business as usual.
"They've been given a provisional recognition, which means they are allowed to operate and receive the benefits of most student clubs," Aden said. But CLS-OSU has been discouraged from applying for student organization funding, he said.
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