How Hastings v. Martinez Undermines Diversity

Even the Los Angeles Times can agree with Hadley Arkes that the Supreme Court decision in Hastings v. Martinez is bad news:

Even if it passes constitutional muster, the “all comers” policy could lead to bizarre results, such as a Jewish group having to admit Christians or a pro-life group being required to let abortion-rights activists seek leadership positions. The best argument against the policy is that it actually undermines diversity by making every student group potentially interchangeable in its membership. A better way to promote diversity of viewpoints is to allow groups on campus to define their beliefs — including religious beliefs — and compete for the allegiance of students. Hastings should give it a try.

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