The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - 148

as residence hall advisors even if they profess
their willingness to accept all, regardless of
their own lifestyle choices.

In another view. The all-comers policy
emanating from CLS extends membership
and leadership opportunities to all who seek
them in any recognized student organization.
CLS and the dissent raise the specter of groups
being inﬁltrated by subversive elements for
the purpose of undermining group goals.
However, as the majority opinion stated, "This
supposition strikes us as more hypothetical
than real" (CLS, 2010a, p. 2992). Students are
unlikely to expend the effort to go where they
are not welcome. This would most likely be the
case in the extreme examples cited in the view
expressed above. A more realistic challenge
would be like that proposed in Justice Alito's
dissent, where members of other Christian
groups who hold different views on sexual
orientation from CLS join that group with the

While CLS seems to be a victory
for institutional ofﬁcials, it may
undermine efforts to foster
communities of inclusiveness and
tolerance. For example, requiring
Christian groups to include nonChristians in leadership roles as a
condition of using public facilities
may reinforce the notion that they
are unwelcome on campus.

148

intent of correcting what they perceive as an
erroneous representation of the Christian position in this area. Yet even this example falters
on extrapolation. Should such a displacement
of the original CLS statement of faith be accomplished, the group would be disafﬁliated
from the national body and not be allowed to
use the CLS name. The original group would
then be free to re-form under the CLS imprimatur. The subversive group would then have
to mount a new assault. This all seems "more
hypothetical than real."

Creating Communities of Tolerance
and Inclusion
In one view. While CLS seems to be a
victory for institutional ofﬁcials, it may undermine efforts to foster communities of inclusiveness and tolerance. For example, requiring
Christian groups to include non-Christians in
leadership roles as a condition of using public
facilities may reinforce the notion that they are
unwelcome on campus. In light of a question
Justice Scalia raised in dissent in Lee v. Weisman
(1992), wherein the Supreme Court invalidated
graduation prayer, if individuals cannot be on
campuses or other learning environments and
are not able to respond respectfully to ideas
with which they disagree, then where can this
happen? Further, revising facilities-use policies
so that religious and/or political groups that
differ from established campus orthodoxies
may not use campus property arguably sends a
message of isolation that institutional ofﬁcials
may not wish to endorse.
In another view. CLS is a victory for public
institutional authorities, but it is also a victory
for upholding the law surrounding nondiscrimination and thereby encouraging tolerant

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The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1

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