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Fighting Discrimination with Discrimination: Public Universities and the Rights of Dissenting Students
Author(s) -
Affolter Jacob
Publication year - 2013
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12012
Subject(s) - dissenting opinion , civil liberties , law , privilege (computing) , state (computer science) , political science , scope (computer science) , government (linguistics) , sexual orientation , separation of church and state , civil rights , sociology , politics , gender studies , linguistics , philosophy , algorithm , computer science , programming language
This article discusses recent legal conflicts between state universities and conservative religious students in the U nited S tates, focusing on C hristian L egal S ociety v. M artinez . 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.