Late last week, there was a “deluge” of amicus briefs in support of the Christian Legal Society in CLS v. Hastings. On Friday, I highlighted FIRE’s excellent brief, but FIRE wasn’t the only noteworthy party to weigh in.

Fourteen states signed on to an amicus brief drafted by Michigan’s solicitor general. It’s heartening to see states argue (correctly) that their best interests are preserved by the “free marketplace of ideas” rather than that their (alleged) interests somehow override the First Amendment. Read the whole thing.

As good as the entire brief is, my favorite part was a footnote 1:

The West Virginia Attorney General Darrell McGraw wishes to disclose that his daughter, Elliotte Catherine McGraw, is a student at Hastings College of Law and the President of the
Hastings Democrats. The Hastings Democrats were recently notified by the school that in order to maintain the Club’s standing as a student organization, it was required to open its membership to all students, irrespective of party affiliation.

Not only does this footnote demonstrate the personal impact of the case — even on public officials — but it once again demonstrates the complete absurdity of the school’s policy. The Hastings Democrats have to be open to Republicans? Really? I’ve asked this question before, but I’ll ask it again: What conceivable state interest is served by forcing private groups to be open to people who may hate their mission?

Fourteen states recognize that the First Amendment protects the long-term health of our republic. What will the other states say?