A federal appeals court on Tuesday ruled the nondiscrimination policy for officially recognized campus groups at San Diego State University and all CSU schools is constitutional and does not violate the rights of two Christian groups.

A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld most of a 2009 ruling that threw out a suit filed by a Christian sorority and fraternity at SDSU. The panel said that the school’s nondiscrimination policy does not violate religious freedom, free association or equal protection guarantees.

But the judges said there is some question whether that the school was applying the policy unevenly and treated the two organizations differently than others because of their religion. It returned the case to U.S. District Court in San Diego for more hearings on that one issue.

A lawyer for the Christian groups said he was disappointed with the decision. “The court upheld a policy that clearly treats Christian groups worse than other groups on campus,” attorney Jordan Lorence said.

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