On December 7, the U.S. Supreme Court agreed to hear Christian Legal Society Chapter of University of California, Hastings College of the Law v Newton, 08-1371. This is not an election law case. But it is a freedom of association case, and all legal decisions in that area of the law affect political parties.

The Christian Legal Society is the only student organization ever denied recognition by Hastings College of the Law. Hastings requires recognized student groups to admit any student, regardless of that student’s beliefs. For example, the university guidelines say, “For example, the Hastings Democratic Caucus cannot bar students holding Republican political beliefs from becoming members or seeking leadership positions in the organization.”

The Christian Legal Society does not wish to admit as members any student who “advocates or unrepentantly engages in sexual conduct outside of marriage between a man and a woman.” Because the University will not recognize the group, it is barred from access to meeting space at the school, from participation in the annual Student Organizations Fair, from placing announcements in the law school newsletter and on bulletin boards, from sending fliers through law school mailboxes, and from being mentioned in the list of student organizations.

If the U.S. Supreme Court rules in favor of the Christian Legal Society, the decision might also strengthen the ability of political parties to control their own nominations process.

The U.S. Supreme Court took a long time to decide whether to hear this case or not. It was on the Court’s conference seven times before the Court made its decision. Those conference dates were September 29, October 9, October 19, October 30, November 6, November 13, and December 4.