Constitutional Opinion No. 2026-0691
Case Information
- Content Scored
- Christian Legal Society v. Martinez, 561 U.S. 661 (2010) — "all-comers" RSO policy upheld against a Christian group
- Source
- Supreme Court of the United States
- Author
- Justice Ginsburg (majority; 5-4)
- Publication Date
- 2010-06-28
- Content Type
- Court Opinion
- Opinion Issued
- 2026-07-19
- AFCS Version
- 1.0
Holding
The Court held Hastings' "all-comers" policy — requiring a registered student organization to accept any student regardless of belief to receive recognition and funds — is "a reasonable, viewpoint-neutral condition," applied against the Christian Legal Society, which conditioned membership/leadership on affirming religious beliefs. Scoring the operative majority holding: from the Standard's vantage it is misaligned — it burdens a Christian group's ability to define itself by its faith (Article XI = 32) and, per the dissent (Alito, Roberts, Scalia, Thomas), permits viewpoint discrimination burdening religious groups' expressive association (Article VII = 40). The countervailing consideration keeping it off the Establishment band: the majority's rule is facially a single uniform, non-preferential standard applied to every group — a genuine but contested Equal Protection / one-standard claim (Article III = 52). As a court opinion evaluated for the principle it enacts, the v1.2 Legal/Normative Text Weighting (85/15) applies. Tier 1 = 42; Final 50 — Mixed. No Automatic Fail (the censorship trigger requires explicit advocacy, Rule 6; the association burden is scored in the weighted math, not capped). This is the counterpart to McDonald v. Chicago (2026-0690, 91): same Term/volume, same 5-4 split flipped — the same four Justices form the McDonald majority and the CLS dissent — scored oppositely by substance. On this Standard the America First position is the dissent.
It is the judgment of this Court that Opinion No. 2026-0691 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.