In California, however, the university may have a strong defense in court. The California Supreme Court recently ruled that the city of Berkeley was justified in denying subsidies to the Boy Scouts because of that group's exclusionary policies. Eddie L. Washington, the lawyer representing Cal State, argues the same standard should apply to the university.
"We're certainly not going to fund discrimination," Washington said.
For The Record
Los Angeles Times Wednesday April 12, 2006 Home Edition Main News Part A Page 2 National Desk 2 inches; 80 words Type of Material: Correction
Religious expression: An article in Monday's Section A said Gregory S. Baylor of the Christian Legal Society viewed homosexuality as a lifestyle choice. In fact, he does not have a stance on that issue. As the article noted, he supports policies that protect people from discrimination based on race, gender and other inborn traits. He asserts that antidiscrimination policies regarding homosexuality are different because they protect people based on conduct. Baylor's organization seeks to exempt religious groups from those policies.
As they step up their legal campaign, conservative Christians face uncertain prospects. The 1st Amendment guarantees Americans "free exercise" of religion. In practice, though, the ground rules shift depending on the situation.
In a 2004 case, for instance, an AT&T Broadband employee won the right to express his religious convictions by refusing to sign a pledge to "respect and value the differences among us." As long as the employee wasn't harassing co-workers, the company had to make accommodations for his faith, a federal judge in Colorado ruled.
That same year, however, a federal judge in Idaho ruled that Hewlett-Packard Co. was justified in firing an employee who posted Bible verses condemning homosexuality on his cubicle. The verses, clearly visible from the hall, harassed gay employees and made it difficult for the company to meet its goal of attracting a diverse workforce, the judge ruled.
In the public schools, an Ohio middle school student last year won the right to wear a T-shirt that proclaimed: "Homosexuality is a sin! Islam is a lie! Abortion is murder!" But a teen-ager in Kentucky lost in federal court when he tried to exempt himself from a school program on gay tolerance on the grounds that it violated his religious beliefs.
In their lawsuit against Georgia Tech, Malhotra and her co-plaintiff, a devout Jewish student named Orit Sklar, request unspecified damages. But they say their main goal is to force the university to be more tolerant of religious viewpoints. The lawsuit was filed by the Alliance Defense Fund, a nonprofit law firm that focuses on religious liberty cases.
Malhotra said she had been reprimanded by college deans several times in the last few years for expressing conservative religious and political views. When she protested a campus production of "The Vagina Monologues" with a display condemning feminism, the administration asked her to paint over part of it.
