Subsidy, not faith, is the issue in Hastings

The Christian Legal Society can still require voting members to sign a statement of faith in which they disavow "unrepentant participation in or advocacy of a sexually immoral lifestyle." Thus effectively banning avowed homosexuals from becoming voting members.

The Supreme Court has ruled 5-4, however, that the University of California's Hastings College of Law has every right to continue to deny them recognition and the attendant public subsidies of an on-campus student group.

For the majority, Justice Ruth Bader Ginsburg wrote:

The First Amendment shields CLS against state prohibition of the organization's expressive activity, however exclusionary that activity may be. But CLS enjoys no constitutional right to state subvention of its selectivity.

Also:

CLS's conduct, not its Christian perspective, is, from Hastings' viewpoint, what stands between the group [and recognition].