Excerpt
In 1995, the U.S. Supreme Court issued the landmark decision Rosenberger v. Rectors and Visitors of the University of Virginia, which held that a public university cannot deny funding to a student organization solely because of its religious affiliation. Now the Supreme Court is considering a case that could build on its Rosenberger decision: Can a public university deny funding to a religious student group that limits its voting membership and leadership to those who pledge to observe and uphold their faith?
The case in question began in 2004, when a Christian fellowship group at the University of Californ…
In This Issue
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Inside the Court
Status of Important Cases Before the Highest Tribunal
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Foreword: Church vs. State on Campus
School-Supported Religious Student Clubs
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Lower Court Holding
Decision of the U.S. District Court for the Northern District of California
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Enforcing the Establishment Clause
Church and State in the Courtroom
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Before the Court
The Justices Weigh in During Oral Arguments in Christian Legal Society v. Martinez
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Pro & Con
Does a Public Law School Violate the First Amendment When It Only Funds Open-Membership Student Groups?
Pro
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American Islamic Congress, Coalition of African American Pastors, National Council of Young Israel, et al.
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Christian Legal Society Chapter of the University of California (UC) Hastings College of the Law
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Michigan, Alabama, Colorado, Florida, et al.
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Association of Christian Schools International, Azusa Pacific University, Bethesda Ministries, et al.
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Foundation for Individual Rights in Education (FIRE) and Students for Liberty
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Advocates International
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American Center for Law and Justice, Bridget Mergens, Jonathan Williams, et al.
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Evangelicals for Social Action, National Association of Evangelicals, et al.
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Students for Life America, College Republican National Committee, and Republican National Lawyers Association
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Eagle Forum Education & Legal Defense Fund
Con
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Leo P. Martinez et al.
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Rutgers University, Pennsylvania State University, University of Rhode Island, et al.
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Anti-Defamation League, People for the American Way Foundation, Jewish Council for Public Affairs, et al.
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The National LGBT Bar Association et al.
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American Humanist Association, The American Ethical Union, Atheist Alliance International, et al.
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National School Boards Association, National Association of Secondary School Principals, et al.
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American Bar Association (ABA)
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Hastings Outlaw
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American Civil Liberties Union (ACLU) et al.
