Christian Legal Society v. Martinez

Holding: A public college does not violate the First Amendment by refusing to officially recognize a student organization unless it allows all students to join the group, even if that all comers policy requires a religious organization to admit gay students who do not adhere to the group's core beliefs.

Judgment: Affirmed and Remanded, 5-4, in an opinion by Justice Ruth Bader Ginsburg on June 28, 2010. Justice Stevens and Kennedy filed concurring opinions, and Justice Alito filed a dissenting opinion, joined by Chief Justice Roberts and Justices Scalia and Thomas.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Christian Legal Society of the University of California, Hastings College of the Law
• Brief of Respondent-Intervenor Hastings Outlaw
• Brief of Hastings College of the Law Respondents
• Reply Brief for Petitioner Christian Legal Society of the University of California, Hastings College of the Law

Amicus Briefs

• Brief for the CATO Institute in Support of Petitioner
• Brief for the Liberty Counsel, Child Evangelical Fellowship, and Lamb’s Chapel in Support of Petitioner
• Brief for the Center for Constitutional Jurisprudence in Support of Petitioner
• Brief for the Evangelical Scholars (Officers and 24 Former Presidents of the Evangelical Theological Society), Evangelicals for Social Action, and National Association of Evangelicals in Support of Petitioner
• Brief for the American Islamic Congress, Coalition of African American Pastors, National Council of Young Israel, the National Hispanic Christian Leadership Conference, Project Nur, the Sikh American Legal Defense and Education Fund, and the Sikh Coalition in Support of Petitioner
• Brief for the Association of Christian Schools International, Azusa Pacific University, Bethesda Ministries, Cherry Hills Community Church, Christian Camp and Conference Association, Colorado Christian University, Compassion International, Council for Christian Colleges & Universities, Crista Ministries, Crossway Books & Bibles, Crossworld, the Denver Rescue Mission, Moody Bible Institute, MOPS International, Prison Fellowship, Regent University, Samaritan’s Purse, SIM USA, Inc., the Alliance Development Fund, the Bible League, the Christian and Missionary Alliance, the Evangelical Alliance Mission, the Orchard Foundation and World Vision, Inc. in Support of Petitioner
• Brief for the Pacific Justice Institute and Christian Service Charities in Support of Petitioner
• Brief for the States of Michigan, Alabama, Colorado, Florida, Idaho, Louisiana, Nebraska, New Mexico, Pennsylvania, South Carolina, South Dakota, Utah, Virginia, and West Virginia in Support of Petitioner
• Brief for Agudath Israel of America in Support of Petitioner
• Brief for Advocates International in Support of Petitioner
• Brief for the Eagle Forum Education and Legal Defense Fund in Support of Petitioner
• Brief for Students for Life America, the College Republican National Committee, and the Republican National Lawyers Association in Support of Petitioner
• Brief for the Foundation for Individual Rights in Education and Students for Liberty in Support of Petitioner
• Brief for the United States Conference of Catholic Bishops in Support of Petitioner
• Brief for Justice and Freedom Fund in Support of Petitioner
• Brief for the Boy Scouts of America in Support of Petitioner
• Brief for the Rutherford Institute in Support of Petitioner
• Brief for the Union of Orthodox Jewish Congregations of America in Supprt of Petitioner
• Brief for the Baptist Joint Committee for Religious Liberty and the Interfaith Alliance Foundation in Support of Neither Party
• Brief for the Commissioned II Love, Cornerstone at Boise State University, and Kappa Upsilon Chi in Support of the Petitioner
• Brief for the Christian Medical and Dental Association, Beta Upsilon Chi and Officers of Various Christian Legal Society Chapters in Support of Petitioner
• Brief for the American Center for Law and Justice, Bridget Mergens, Jonathan Williams, Wide Awake Productions, Choose Him, Fellowship of Christian Athletes, Campus Crusade for Christ, Intervarsity Christian Fellowship, Campus Bible Fellowship International, Chi Alpha Campus Ministries, Young life, The Navigators, Rejoyce in Jesus Ministries, Inc., Fellowship of Catholic University Students, Alpha Delta Chi, Alpha Gamma Omega in Support of Petitioner
• Brief for Gays & Lesbians for Individual Liberty in Support of Petitioner
• Brief for the American Bar Association in Support of Respondent
• Brief for the National School Boards Association, the National Association of Secondary School Principals, the California School Boards Association, and School Social Work Association of America in Support of Respondent
• Brief for Lambda Legal Defense and Education Fund, Inc., and Gay & Lesbian Advocates & Defenders in Support of Respondent
• Brief for the American Council on Education and Thirteen Other Highter Education Organizations in Support of Respondent
• Brief for the Center for Inquiry in Support of Respondent
• Brief for the Association of American Law Schools in Support of Respondent
• Brief for the American Civil Liberties Union, the American Civil Liberties Union in California, and the National Education Asociation in Support of Respondent
• Brief for State Universities and State University Systems in Support of Respondent
• Brief for the International Municipal Lawyers Association, National League of Cities, and the United States Conference of Mayors in Support of Respondent
• Brief for the Anti-Defamation League, People For The American Way Foundation, Jewish Council for Public Affairs, the American Association of University Women, Human Rights Campaign, and the National Council of Jewish Women in Support of Respondent
• Brief for the American Jewish Committee, Americans United for the Separation of Church and State, and the Union for Reform Judiasm in Support of Respondent
• Brief for the National LGBT Bar Association, the National LGBT Bar Association, Law Student Division, and 55 LGBT Law Student Organizations in Support of Respondent
• Brief for the American Humanist Association, The American Ethical Union, Atheist Alliance International, Freedom from Religion Foundation, the Institute for Humanist Studies, Military Association of Atheists and Freethinkers and the Secular Student Alliance in Support of Respondent
• Brief for the Baptist Joint Committee for Religious Liberty and the Interfaith Alliance Foundation in Support of Neither Party
• Brief for the Commonwealth of Massachusetts and the States of Maryland, New Jersey, and Vermont in Support of Respondent
• Brief for Associated Students of the University of California, Hastings College of Law in Support of Respondent
• Brief for the Society of American Law Teachers in Support of Respondent

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply