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

1
General Counsel, University of Kentucky, Lexington, KY 40506, USA
2
Panzer Chair in Education and Research Professor of Law, University of Dayton, Dayton, OH 45419, USA
*
Author to whom correspondence should be addressed.
Received: 20 January 2018 / Revised: 3 March 2018 / Accepted: 7 March 2018 / Published: 16 March 2018
(This article belongs to the Special Issue Law and Higher Education)
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Abstract

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. View Full-Text
Keywords: religious liberty; freedom of association; free speech; student groups; public higher education religious liberty; freedom of association; free speech; student groups; public higher education
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).
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MDPI and ACS Style

Thro, W.; Russo, C. Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer. Laws 2018, 7, 11.

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