Christian Legal Society v. Martinez

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In Christian Legal Society v. Martinez, the U.S. Supreme Court reconsiders a ruling by the Court of Appeals for the Ninth Circuit denying recognition of a Christian school club at a California state university (the University of California, Hastings College of the Law) because the club required affirmation of Christian beliefs as a requirement of becoming a voting member in the club.

The school club filed its brief before the Court on January 27, 2010.[1]

CLS's arguments

CLS makes these arguments in its brief:

  • Hastings’ Policy infringes on free speech by denying recognition to CLS
  • Hastings' Policy infringes on expressive association by denying CLS the right to exclude those who do not share the group’s beliefs
  • CLS has constitutional rights to speech rather than conduct
  • Hastings' "Nondiscrimination Policy" constitutes unconstitutional viewpoint discrimination against religion
  • Hastings' "Nondiscrimination Policy" constitutes unconstitutional viewpoint discrimination with respect to sexual discrimination
  • Hastings' "Nondiscrimination Policy" violates free exercise of religion
  • Hastings’ "Nondiscrimination Policy" is unreasonable
  • Hastings' imposes an unconstitutional condition
  • CLS has a right of equal access that is being denied

References