Quote:
Originally Posted by MysticCat
I'm going to have to disagree, at least to a degree.. The right to freely associate is, in the US, a component of the right to free speech -- a constitutional right that the government is prohibited from violating. A private entity, such as a private college, cannot be sued for violating a constitutional right because the Constitution only deals with the power (and limitations on power) of the government. It has nothing to do with the relationships between private entities (such as students and private schools).
To the extent that a private college might legally have to respect free speech/freedom of association rights, it comes through another channel, such as civil rights laws or conditions for receipt of federal funds. In the case of a private college with religious affiliation, such free speech/freedom of association rights may have to be balanced with free exercise of religion rights of the school.
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While I agree, I can't think of an example where it has been tested, nor as pretty much every single school accepts federal funding in some way do I think anyone would have the standing to argue it.
I think the ban on interracial dating at one of the conservative Christian colleges was the closest thing I've seen to it, and it seemed to go away as soon as it was challenged in modern times iirc.