Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer

In Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause, the Free Exercise Clau...

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Main Authors: William Thro, Charles Russo
Format: Article
Language:English
Published: MDPI AG 2018-03-01
Series:Laws
Subjects:
Online Access:http://www.mdpi.com/2075-471X/7/1/11
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author William Thro
Charles Russo
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Charles Russo
author_sort William Thro
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description In Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause, the Free Exercise Clause prohibits constitutional actors from conferring or denying benefits solely because of individuals’ or entities’ religious exercises. As discussed in this article, this rule has immediate, long-term ramifications for constitutional jurisprudence, particularly as applied to religious freedom. In light of the potential changes it may engender, the purpose of this three-part article is to provide an overview of Trinity Lutheran and its expansion of rights for student religious groups on the campuses of public college and universities.
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spelling doaj.art-47d5bc3b7d294d5ab8856b339a3f8a802022-12-22T04:04:10ZengMDPI AGLaws2075-471X2018-03-01711110.3390/laws7010011laws7010011Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. ComerWilliam Thro0Charles Russo1General Counsel, University of Kentucky, Lexington, KY 40506, USAPanzer Chair in Education and Research Professor of Law, University of Dayton, Dayton, OH 45419, USAIn Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause, the Free Exercise Clause prohibits constitutional actors from conferring or denying benefits solely because of individuals’ or entities’ religious exercises. As discussed in this article, this rule has immediate, long-term ramifications for constitutional jurisprudence, particularly as applied to religious freedom. In light of the potential changes it may engender, the purpose of this three-part article is to provide an overview of Trinity Lutheran and its expansion of rights for student religious groups on the campuses of public college and universities.http://www.mdpi.com/2075-471X/7/1/11religious libertyfreedom of associationfree speechstudent groupspublic higher education
spellingShingle William Thro
Charles Russo
Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
Laws
religious liberty
freedom of association
free speech
student groups
public higher education
title Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
title_full Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
title_fullStr Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
title_full_unstemmed Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
title_short Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
title_sort expanding the rights of student religious groups on college and university campuses the implications of trinity lutheran church v comer
topic religious liberty
freedom of association
free speech
student groups
public higher education
url http://www.mdpi.com/2075-471X/7/1/11
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