Colleges and universities often have non-discrimination policies that require officially recognized student groups to allow any student to join, participate in, and seek leadership in those groups. These policies ensure that public colleges and universities do not subsidize discrimination with tax dollars and tuition fees.

In a 2010 case, Christian Legal Society v. Martinez, the Supreme Court upheld one of these policies against claims that it violated the constitutional rights of a Christian student club.

In response to this case, state legislatures have considered bills that would forbid public colleges and universities from enforcing these kinds of non-discrimination policies or create special exemptions just for religious clubs. We oppose these efforts because they force state schools to sanction and subsidize discrimination.

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