Fighting Discrimination with Discrimination: Public Universities and the Rights of Dissenting Students

This article discusses recent legal conflicts between state universities and conservative religious students in the United States, focusing on Christian Legal Society v. Martinez. In recent years, several universities have denied recognition to religious student organizations that discriminate on the basis of religion or sexual orientation. I argue that scholars on both sides of the issue have failed to recognize the full scope of the privilege that the universities demand. If the courts accept the universities' demands, then the courts dangerously expand the government's authority to suppress dissenters. No proponent of civil liberties should welcome this change.