Opinion
No. 06-15956.
Argued and Submitted March 10, 2009.
Filed March 17, 2009.
Gregory Baylor, Center for Law Religious Freedom, Timothy J. Tracey, Litigation Counsel, Religious Liberty Advocates of the Christian Legal Society, Springfield, VA, Benjamin Wyman Bull, Esquire, Chief Counsel, Gary McCaleb, Alliance Defense Fund, Scottsdale, AZ, Steven R. Burlingham, Esquire, Gary Till Burlingham, Timothy M. Smith, Esquire, McKinley Smith A Professional Corporation, Sacramento, CA, for Plaintiff-Appellant.
Ethan P. Schulman, Esquire, Folger Levin Kahn, LLP, Elise K. Traynum, Esquire, General Counsel Mezzanine Level, San Francisco, CA, for Defendants-Appellees.
Shannon Minter, Esquire, National Center for Lesbian Rights, San Francisco, CA, for Defendant-intervenor-Appellee.
Appeal from the United States District Court for the Northern District of California, Jeffrey S. White, District Judge, Presiding. D.C. No. CV-04-04484-JSW.
Before: KOZINSKI, Chief Judge, HUG and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The parties stipulate that Hastings imposes an open membership rule on all student groups — all groups must accept all comers as voting members even if those individuals disagree with the mission of the group. The conditions on recognition are therefore viewpoint neutral and reasonable. Truth v. Kent Sch. Dist., 542 F.3d 634, 649-50 (9th Cir. 2008).