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Originally Posted by Low C Sharp
I don't think that's right. Just as an example, religious schools kick people out all the time for exercising First Amendment rights that break religious tenets. Observe BYU punishing its basketball player who admitted to "associating" with his girlfriend.
Yale certainly will not expel students for joining an off-campus DKE chapter. But if it wanted to, it probably could.
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First off, sex =/= association. And students would have to sign an 'honor code' ala BYU or Liberty University. Even then I don't know of any clauses in those that prohibit free association. Such schools might ban groups they disagree with - Liberty banned the College Democrats IIRC - but I've seen none that cross that line. Military might be the only situation where such lines are in place perhaps?
(And really, sex is not a first amendment right. Honor codes are dumb, but come on.)