Truth v. Kent Sch. Dist.

In Truth v. Kent Sch. Dist., 542 F.3d 634 (9th Cir. 2008), the Court of Appeals for the Ninth Circuit held that a public school may deny recognition to a Christian club on the basis that the club limited membership to those who accept a basic Christian principle. In other words, a public school may require as a condition of recognition that clubs open their voting membership to everyone, even those who are opposed to the mission of the clubs.

The rationale for this decision, as explained by a separate concurrence supported by two judges, is that when "a state creates a limited public forum, like the ASB program at issue here, it may restrict access to that forum so long as the restrictions are viewpoint neutral and reasonable in light of the purpose served by the forum, even if these rules have the effect of limiting a group's ability to engage in protected speech, such as the right to speak, publish on a particular topic or engage in expressive association." Id. at 652 (Fisher and Wardlaw, JJ., concurring) (quotations omitted).

This precedent was then used to deny recognition of another Christian club in Christian Legal Soc'y Chapter. of Univ. of Cal. v. Kane, 319 Fed. Appx. 645 (9th Cir. 2009), for which the U.S. Supreme Court has granted certiorari.