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Religious Liberty and Free Association at LSU: Not a ā€˜Conservativeā€™ Concern

Today, FIRE announces a victory for freedom of religion and association at Louisiana State University, where the Muslim FIREAssociation (MSA) recently attained official recognition. The group, which had already been recognized for 30 some years on campus, was unable to re-register for more than a year because it didnā€™t want to include additional ā€œnondiscriminationā€ language in its constitution as prescribed by a new university policy. (See ā€œIs ā€˜Derecognizeā€™ a Word?ā€ for more information about the significance of student organization recognition on campus.) According to students, in 2003 the university began requiring student organizations to explicitly add ā€œreligionā€ and ā€œsexual orientationā€ to the list of ā€œnondiscriminatoryā€ membership criteria in their constitutions. As FIREwrote in its second letter to LSU:

Part of the current mission of the MSA is to ā€œpresent Islam to people on LSU campus as a complete way of lifeā€ and to ā€œpromote friendly interactions between Muslims and non-Muslims.ā€ This mission includes ways of addressing questions of religious diversity and sexuality, among other issues. The MSA should be free to approach these according to the teachings of their faith instead of being forced to address them by a clause in a university policy. Likewise, the MSA should not have to fear that it may be violating an unlawful university policy when addressing matters related to faith.

With so many cases of colleges and universities infringing upon the rights of religious students to organize and define their organizational purpose and membership criteria, it is important that we realize these cases are not simply about ā€œliberalā€ vs. ā€œconservativeā€ politics, but rather about all studentsā€™ freedom of conscience from a university-defined and -imposed prescription of ā€œacceptableā€ values and ā€œnondiscriminatoryā€ expressionā€”even if some students may agree with those values. In the (account required for access) about religious liberty last January, reporter Burton Bollag painted this important civil rights issue as one of ā€œconservative Christian groupsā€ trying to ā€œsponsor discrimination.ā€ (Indeed, many individuals attempt to paint ¹ū¶³“«Ć½app¹Ł·½ā€™s work as one supporting either a conservative or liberal agenda, which it does not.) Note that Bollag left out an important aspect of the case at Ohio State: in addition to the Christian Legal Societyā€™s lawsuit, a coalition of various religious groups, including a Muslim Student Association chapter and a number of distinct Christian organizations, stood up together to demand that the university recognize their First Amendment rights to freedom of religion and association. Protecting the rights of this diverse group of organizations, which subscribe to varying beliefs, practices, and political positions, does not sponsor ā€œdiscriminationā€ but diversityā€”diversity of belief and the right to express those beliefs freely in the manner that each group chooses.

In the ongoing battles to secure civil rights for individuals both on campus and beyond, we have to recognize that equal rights and civil rights means allowing students, faculty, citizensā€”all members of societyā€”to choose their beliefs, follow those beliefs, and express themselves according to what their consciences dictate. In this case, LSU recognized its Muslim studentsā€™ rights without dispute. But how many of our countryā€™s colleges and universities will follow suit in recognizing studentsā€™ legal and moral rights to free consciences? And how many will instead enforce selective repression in the name of ā€œanti-discriminationā€?

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