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CLS v. Martinez, 561 U. S - Coursework Example

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CLS v. Martinez, 561 U. S

Fujusaki, Thomas Gede, Claes H. Lewenhaupt, James E. Mahoney, Brian D. Monaghan, and Bruce L. Simon. The Intervenor-Respondent is Hastings Outlaw which is a student association at Hastings College of Law, University of California. The opinion of the Court was delivered by Justice Ruth Ginsburg which was joined by Justice Stephen Breyer, Justice Paul Stevens, Justice Sonya Sotomayor, and Justice Anthony Kennedy. The concurring opinions were delivered by Justice Paul Stevens and Justice Anthony Kennedy. A dissent was written by Justice Samuel Alito joined by Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas. The issue presented before the Court was by CLS under the US Constitution First Amendment. CLS argued that whether the Constitution permits a public law school university to exclude a religious student group or association to be registered on the basis that the group requires that its officers and members share the school’s same religious commitments. ...
On this basis, Hastings denied to recognize CLS as a student organization in the campus. Therefore, CLS sued Hastings on grounds that Hastings violated the organization’s rights of discrimination against any non-Christian students. CLS argued that Hastings is violating the right of expression to allow discrimination against such students who do not share the same point of view as those of the organization which withholds the organization’s ability to express its group message. The CLS students appealed to the

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Ninth Circuit citing Truth v. Kent School District, 542 F.3d 634 (9th Cir. 2008) and Hsu v. Roslyn Union Free School District, 85 F.3d 839 (2d Cir. 1996). The case did not go in their favor and thus they appealed to the Supreme Court to ask for a reversal of the Ninth Circuit’s decision. The ruling of the case was very debatable but in the end the Supreme Court rejected the CLS’s challenge to First Amendment in favor of Hastings College of Law at University of California to deny CLS the status of a registered student organization. Justice Ginsburg explained that Hastings would have to review each of the registered students’ organization to determine any exclusionary rules that might have been cloaked from them. Two examples of the cases were given namely Healy v. James, 408 U. S. 169 (1972) in which the Connecticut state college had to recognize a chapter of the organization called Students for a Democratic Society and Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819 (1995) in which the equal funding was the right of all the religious publications at the Virginia University. Justice Ginsburg

Summary

A LEGAL BRIEF ON THE RECENT U.S. SUPREME COURT RULING IN CLS V. MARTINEZ, 561 U. S. (2010) On June 28, 2010, the United States Supreme Court gave a ruling on the CLS vs. Martinez, 561 US _130 S.Ct. 2971, 177 L.Ed.2d 838 (2010). The case was filed by the Christian Legal Society (CLS) at the Hastings College of Law at University of California on the ground that official governing groups should accept all the students regardless of their beliefs and status to acquire recognition…
Author : kdurgan
CLS v. Martinez, 561 U. S essay example
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