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2014 Cardozo L. Rev. De-Novo 124 (2014)
The Limits of Christian Legal Society

handle is hein.journals/denovo2014 and id is 122 raw text is: 













             d CARDozo LAW REVIEW
           delnovo




       THE LIMITS OF CHRISTIAN LEGAL SOCIETY

                         William E. Throt



INTRODUCTION ......................................................................................  124
I.  STATE LAW LIMITS CHRISTIAN LEGAL SOCIETY ............................... 125
Ii. THE RELIGION CLAUSES LIMIT CHRISTIAN LEGAL SOCIETY .............. 127
III. THE UNCONSTITUTIONAL CONDITIONS DOCTRINE LIMITS
    CHRISTIAN LEGAL SOCIETY .............................................................. 127
C ON CLU SION  .........................................................................................  128




                        INTRODUCTION

      In Christian Legal Society v. Martinez,1 a sharply divided
Supreme Court held that officials at a public institution might require a
student religious group to admit all-comers from the student body,
including those who disagree with its beliefs, as a condition of being a
recognized student organization.2 Put another way, the Court declared
that the government, through university officials, might force religious


   T General Counsel & Adjunct Professor of Law, University of Kentucky. This Article is
adapted from William E. Thro, Undermining Christian Legal Society v. Martinez, 295 EDUC. L.
REP. 867 (2013). Professor Thro writes in his personal capacity and his views do not necessarily
represent the views of the University of Kentucky.
   1 130 S. Ct. 2971 (2010).
   2 Id. at 2978.

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