Church and state matters

Back in 2005 several students from Murrieta Christian school were applying to the UC schools and wanted their Christian focused literature and history classes to meet the UC's prerequisites. Apparently, the UC Regents refused and a row was on. The students sued in federal court on the basis of religious discrimination. Their point was that provided the courses were academically rigorous that they should serve as prerequisites. The UC Regents contended that the courses were not sufficiently rigorous.

U.S. District Judge S. James Otero ruled:

The decision to reject a course is constitutional, the judge wrote in his opinion, provided "UC did not reject the course because of animus" and "UC had a rational basis for rejecting the course." The plaintiffs did not present sufficient evidence, he wrote, to show that the university "rejected the challenged courses to punish religious viewpoints rather than out of rational concern about the academic merit of those religious viewpoints." See the PE report here.

The important point to note is the judges contention that the UC had a rational basis. This is called the rational basis test. Most government actions under this test will pass. The govt only has to show that the action has a rational basis and that its chosen method is reasonable. The students attorney is quoted as saying that the judge applied the wrong standard. He obviously wanted the judge to apply the "strict scrutiny" standard. Under this test, the govt has to show that its position or law is narrowly tailored to address a compelling state interest. Under this standard many government laws and actions fail and are struck down. The attorney apparently wanted the UC's decision on the course work to be strictly scrutinized.

The attorney promises to appeal and in fact promises that it may go all the way to the Supreme Court. That probably is the only way the students will get relief. They must first go to the Ninth Circuit Court of Appeal. It is the most overturned of all federal appellate courts. It often gets its rulings wrong. There is probably little hope for the 9th Circuit reversing Judge Otero. This together with the fact that the Supreme court only takes approximately 70-80 cases per year, the students prospects are slim. Stay tuned.