The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - 141

THE SUPREME COURT'S RULING IN Christian Legal
Society v. Martinez, its most important case to date on
student associational activities, upheld a policy at a
public law school in California that required recognized
student organizations (or clubs) to admit "all-comers"
even if they disagreed with organizational goals and
values. Rather than retracing the work of Moran and her
colleagues, who examined related issues such as religious
expression in public areas of residence halls, this article
analyzes the potential impact of CLS, since membership
in campus organizations clearly overlaps with the kinds
of issues that students and housing professionals deal
with in their residences. The article then reviews the
facts and the Supreme Court's rationale in CLS before
suggesting alternative views on its implications for housing
professionals in public institutions. The focus here is on
officials in public institutions because the constitutional
principles involved in CLS are generally inapplicable in
private colleges and universities, where the rights of their
students (and staff) are typically contractual in nature.

Recognizing that
the law should
guide one's work
and involvement
and accepting
that legal norms
should be seen
not so much
as constraints
on behavior as
parameters within
which to actively

Ever since college officials made provisions for housing students on
their campuses in the late 18th century, these residences served, in
part, as venues to argue about ideas generated in their classrooms.
In the earliest college days, tutors not only introduced ideas during
instruction but also often lived with their students and could continue to interact in extracurricular conversations in the residences
(Brubacher & Rudy, 2008; Reuben, 1996; Rudolph, 1990; Thelin,
2011). In some institutions, faculty still live among students for
similar reasons, though most faculty have stepped away from residential roles, which have been assumed by professional staff.

engage with these
topics, this article
examines one
area in which the
law is relatively
settled.

As many studies have shown, students learn as much outside
of their classrooms as they do inside of them during their years on
campus, thereby underscoring an important role for student affairs
professionals in residence life (Pascarella & Terenzini, 2005). While

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The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1

Contents
The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - Intro
The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - Cover1
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The Journal of College and University Student Housing - Volume 40, No. 2 & Volume 41, No. 1 - Cover4
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