Hastings’ lawyer, former Solicitor General Gregory Garre, countered that the school’s policy requires every student organization to allow any student to become a voting member and potential leader. Even students who disagree with the fundamental goals and beliefs of a group must be allowed to join, vote, and potentially serve as a leader of the group, he said.
It is a prospect that Justice Antonin Scalia found “weird.” He said that under the policy, the Republican Club would be required to admit Democrats not only as members but as potential leaders regardless of their political beliefs.
“To require this Christian society to allow atheists not just to join, but to conduct Bible classes, right?” he asked. “That’s crazy."
Justice Anthony Kennedy, who may wield the deciding vote in the case, suggested that the school’s policy is unnecessary. “Doesn’t this all just work out?” he asked.
Justice Kennedy said that Democrats wouldn’t want to attend Republican Club meetings and serve as officers. “What interest does the school have in this policing mechanism it is imposing?” he asked.