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Constitutional Law Keyed to Choper
Christian Legal Society v. Martinez
Citation:
561 U.S. 661 (2010)Facts
Hastings College of Law, a public law school in California, maintains a Registered Student Organization (RSO) program that provides official recognition and benefits to student groups, including funding, use of school facilities, and communication channels. In exchange, RSOs must comply with school policies, including a nondiscrimination policy that Hastings interprets as requiring groups to accept all students as members regardless of their status or beliefs (the “all-comers policy”). In 2004, the Christian Legal Society (CLS) sought RSO status but was denied because its bylaws required members to sign a Statement of Faith affirming Christian doctrines and to refrain from “unrepentant homosexual conduct,” which Hastings determined violated the all-comers policy. CLS refused to alter its bylaws and filed suit, claiming the denial violated its First Amendment rights to free speech, expressive association, and free exercise of religion. Throughout the litigation, the parties stipulated that Hastings applies an all-comers policy to all student organizations. While denied official recognition, CLS was still permitted to use Hastings facilities for meetings and activities and operated independently during the 2004-2005 academic year.
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