Stearns

ORDER GRANTING DEFENDANTS’ “MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS’ AS-APPLIED CLAIMS” [Docket No. 172]

This matter is before the Court on Defendants’ “Motion for Summary Judgment on Plaintiffs’ As-Applied Claims,” filed May 28, 2008. Plaintiffs filed an Opposition, to which Defendants replied. The Court heard oral argument from the parties on July 18, 2008. (Docket No. 221.) Because Plaintiffs fail to raise a genuine issue of material fact in support of their “as-applied” claims, Defendants’ Motion is GRANTED.

I. BACKGROUND

Plaintiffs — Calvary Chapel Christian School (“Calvary”), five Calvary students, and the Association of Christian Schools International (“ACSI”) — brought suit against Defendants — several University of California (“UC”) employees — for developing and implementing an admissions process that allegedly violates the Free Speech Clause, the Free Exercise Clause, the Establishment Clause, and the Equal Protection Clause.

UC admits most California applicants based on achievement in high school courses and standardized tests. However, UC only considers courses that it has approved to ensure that admitted students took courses that provided those students with…