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From the category archives:

Freedom of Religion

Christian Legal Society v. Martinez (Part 6): Does a Religious Organization Have Greater Constitutional Rights to Discriminate than Other Groups?

January 9, 2010

     In this final installment on this pending case I discuss whether or not a religious organization like CLS has a constitutional right to discriminate that is superior to the rights that other advocacy groups might have.

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Christian Legal Society v. Martinez (Part 5): The Free Exercise Claim

January 8, 2010

     We have seen in the two previous posts that CLS faces an uphill battle against Hastings Law School in its First Amendment claims based on "expressive association" and "equal access to a public forum."  Under existing doctrine, it will be equally difficult for CLS to win with yet another First Amendment claim under the [...]

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Christian Legal Society Chapter v. Martinez (Part 2)

January 5, 2010

     The difficulty of this case stems from the number of constitutional doctrines and principles which are intertwined, a tangled skein of general rules and fundamental values.

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2009-2010 Supreme Court Term: (4) Christian Legal Society Chapter v. Martinez (Part 1) – Do Universities Have to Recognize (and Fund) Student Religious Organizations That Discriminate?

January 4, 2010

     This term Supreme Court agreed to hear the case of Christian Legal Society Chapter v. Martinez.  In today's post I will introduce the topic, and in subsequent posts I will analyze different aspects of the case.

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Atheist Elected in North Carolina, Presenting an Easy Religious Freedom Case

December 15, 2009

     David Waters of the Washington Post reports that Cecil Bothwell, an atheist, was elected to city council in Asheville, North Carolina, despite a provision of the North Carolina state constitution which provides that "any person who shall deny the being of the Almighty God" is disqualified from holding public office.  This presents an easy [...]

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Freedom of Speech: A Student's Right to Insult Other Religions

November 29, 2009

     Brandon Hensler of the American Civil Liberties Union recently posted an article on the A.C.L.U. Blog of Rights reporting that the Florida chapter has filed a federal lawsuit on behalf of public school students who wore tee-shirts to school and to a football game stating "Islam is of the Devil."  Do public school students have a [...]

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