CHRISTIAN LEGAL SOCIETY CHAPTER OF THE UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW, AKA HASTINGS CHRISTIAN FELLOWSHIP v. LEO P. MARTINEZ et al., 561 U.S. 661 (2010)
- Argued:
- April 19, 2010
- Decided:
- June 28, 2010
- Decided by:
- Roberts Court, 2009
- Action:
- Affirmed (includes modified). Petitioning party did not receive a favorable disposition.
Facts/Syllabus:
Respondent Hastings College of the Law (Hastings), a school within the University of California public-school system, denied “Registered Student Organization” (RSO) status to its chapter of the Christian Legal Society (CLS). Several benefits attend this school-approved status, including the use of school funds, facilities, and channels of communication, as well as Hastings’ name and logo. RSOs must abide by certain conditions, including the school’s Nondiscrimination Policy. Hastings interpreted its policy as to mandate acceptance of all comers: RSOs must allow any student to participate, become a member, or seek leadership positions, regardless of her status or beliefs. CLS, on the other hand, interpreted its bylaws to exclude from affiliation anyone who engages in “unrepentant homosexual conduct” or holds religious convictions different from those in the Statement of Faith. Hastings rejected CLS’s application for RSO status on the ground that the group’s bylaws did not comply with Hastings’ open-access policy because they excluded students based on religion and sexual orientation. CLS filed this suit for injunctive and declaratory relief under 42 U. S. C. §1983, alleging that Hastings’ refusal to grant the group RSO status violated its First and Fourteenth Amendment rights to free speech, expressive association, and free exercise of religion.
Concurring Opinion
Dissenting Opinion
HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., (2012)
- Related Sub-Topic:
- Free Exercise
ALBERTO R. GONZALES, ATTORNEY GENERAL, et al. v. O CENTRO ESPIRITA BENEFICENTE UNIAO DO VEGETAL et al., 546 U.S. 418 (2006)
- Related Sub-Topic:
- Free Exercise
WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC., et al. v. VILLAGE OF STRATTON et al., 536 U.S. 150 (2002)
- Related Sub-Topic:
- Free Exercise
CITY OF BOERNE v. P. F. FLORES, ARCHBISHOP OF SAN ANTONIO, AND UNITED STATES, 521 U.S. 507 (1997)
- Related Sub-Topic:
- Free Exercise
CHURCH OF THE LUKUMI BABALU AYE, INC. AND ERNESTO PICHARDO v. CITY OF HIALEAH, 508 U.S. 520 (1993)
- Related Sub-Topic:
- Free Exercise
LAMB’S CHAPEL AND JOHN STEIGERWALD v. CENTER MORICHES UNION FREE SCHOOL DISTRICT et al., 508 U.S. 384 (1993)
- Related Sub-Topic:
- Free Exercise
EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES OF OREGON, et al. v. SMITH et al., 494 U.S. 872 (1990)
- Related Sub-Topic:
- Free Exercise
JIMMY SWAGGART MINISTRIES v. BOARD OF EQUALIZATION OF CALIFORNIA, 493 U.S. 378 (1990)
- Related Sub-Topic:
- Free Exercise
FRAZEE v. ILLINOIS DEPARTMENT OF EMPLOYMENT SECURITY et al., 489 U.S. 829 (1989)
- Related Sub-Topic:
- Free Exercise
EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF OREGON, et al. v. SMITH, 485 U.S. 660 (1988)
- Related Sub-Topic:
- Free Exercise
RICHARD E. LYNG, SECRETARY OF AGRICULTURE, et al. v. NORTHWEST INDIAN CEMETERY PROTECTIVE ASSOCIATION et al., 485 U.S. 439 (1988)
- Related Sub-Topic:
- Free Exercise
O’LONE, ADMINISTRATOR, LEESBURG PRISON COMPLEX, et al. v. ESTATE OF SHABAZZ et al., 482 U.S. 342 (1987)
- Related Sub-Topic:
- Free Exercise
HOBBIE v. UNEMPLOYMENT APPEALS COMMISSION OF FLORIDA et al., 480 U.S. 136 (1987)
- Related Sub-Topic:
- Free Exercise
BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES, et al. v. ROY et al., 476 U.S. 693 (1986)
- Related Sub-Topic:
- Free Exercise
GOLDMAN v. WEINBERGER, SECRETARY OF DEFENSE, et al., 475 U.S. 503 (1986)
- Related Sub-Topic:
- Free Exercise
JENSEN, DIRECTOR, DEPARTMENT OF MOTOR VEHICLES OF NEBRASKA, et al. v. QUARING, 472 U.S. 478 (1985)
- Related Sub-Topic:
- Free Exercise
HEFFRON, SECRETARY AND MANAGER OF THE MINNESOTA STATE AGRICULTURAL SOCIETY BOARD OF MANAGERS, et al. v. INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., et al., 452 U.S. 640 (1981)
- Related Sub-Topic:
- Free Exercise
THOMAS v. REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION et al., 450 U.S. 707 (1981)
- Related Sub-Topic:
- Free Exercise
JONES et al. v. WOLF et al., 443 U.S. 595 (1979)
- Related Sub-Topic:
- Free Exercise
WOOLEY, CHIEF OF POLICE OF LEBANON, et al. v. MAYNARD ET UX., 430 U.S. 705 (1977)
- Related Sub-Topic:
- Free Exercise
SERBIAN EASTERN ORTHODOX DIOCESE FOR THE UNITED STATES OF AMERICA AND CANADA et al. v. MILIVOJEVICH et al., 426 U.S. 696 (1976)
- Related Sub-Topic:
- Free Exercise
JOHNSON, ADMINISTRATOR OF VETERANS’ AFFAIRS, et al. v. ROBISON, 415 U.S. 361 (1974)
- Related Sub-Topic:
- Free Exercise
CRUZ v. BETO, CORRECTIONS DIRECTOR, 405 U.S. 319 (1972)
- Related Sub-Topic:
- Free Exercise
CLAY, AKA ALI v. UNITED STATES, 403 U.S. 698 (1971)
- Related Sub-Topic:
- Free Exercise
DEWEY v. REYNOLDS METALS CO., 402 U.S. 689 (1971)
- Related Sub-Topic:
- Free Exercise
PRESBYTERIAN CHURCH IN THE UNITED STATES et al. v. MARY ELIZABETH BLUE HULL MEMORIAL PRESBYTERIAN CHURCH et al., 393 U.S. 440 (1969)
- Related Sub-Topic:
- Free Exercise
SHERBERT v. VERNER et al., MEMBERS OF SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, et al., 374 U.S. 398 (1963)
- Related Sub-Topic:
- Free Exercise
GALLAGHER, CHIEF OF POLICE OF SPRINGFIELD, MASSACHUSETTS, et al. v. CROWN KOSHER SUPER MARKET OF MASSACHUSETTS, INC., et al., 366 U.S. 617 (1961)
- Related Sub-Topic:
- Free Exercise
BRAUNFELD et al. v. BROWN, COMMISSIONER OF POLICE OF PHILADELPHIA, et al., 366 U.S. 599 (1961)
- Related Sub-Topic:
- Free Exercise
KRESHIK et al. v. SAINT NICHOLAS CATHEDRAL OF THE RUSSIAN ORTHODOX CHURCH OF NORTH AMERICA, 363 U.S. 190 (1960)
- Related Sub-Topic:
- Free Exercise
KEDROFF ET AL. v. SAINT NICHOLAS CATHEDRAL OF THE RUSSIAN ORTHODOX CHURCH IN NORTH AMERICA, 344 U.S. 94 (1952)
- Related Sub-Topic:
- Free Exercise
UNITED STATES v. BALLARD et al., 322 U.S. 78 (1944)
- Related Sub-Topic:
- Free Exercise
FOLLETT v. TOWN OF MCCORMICK, 321 U.S. 573 (1944)
- Related Sub-Topic:
- Free Exercise
MURDOCK v. PENNSYLVANIA (CITY OF JEANNETTE), 319 U.S. 105 (1943)
- Related Sub-Topic:
- Free Exercise
MINERSVILLE SCHOOL DISTRICT, BOARD OF EDUCATION OF MINERSVILLE SCHOOL DISTRICT, et al. v. GOBITIS et al., 310 U.S. 586 (1940)
- Lower Court Ruling:
- Overruled
- Related Sub-Topic:
- Free Exercise
CANTWELL et al. v. CONNECTICUT, 310 U.S. 296 (1940)
- Related Sub-Topic:
- Free Exercise
THE LATE CORPORATIONN OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS v. UNITED STATES., 136 U.S. 1 (1890)
- Related Sub-Topic:
- Free Exercise
TERRETT AND OTHERS V TAYLOR AND OTHERS, 13 U.S. 43 (1815)
- Related Sub-Topic:
- Free Exercise
External Resources:
- John R. Vile, “Christian Legal Society v. Martinez (2010),” First Amendment Encyclopedia.
Topics: Free Exercise, Freedom of Religion
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