Quote:
Originally Posted by KSigAdvisor
Mystic you called the differences "irrelevant" earlier in reference to your stance on official recognition affecting freedom of association rights for expressive organizations, which ignores the equal protection analysis. What say you about equal protection? Seems like a university would have to have disciplinary sanctions to get around the EP argument, so I'm not comfortable this holding would be applied in other courts, at all.
|
It doesn't ignore the equal protection analysis, it's part of the equal protection analysis. The court in
Iota Xi Chapter found there there was no deprivation of expressive associational rights because lack of recognition in no way affected the rights of the chapter's members to associate with each other. If there is no deprivation of rights, there is no valid equal protection claim.
Equal protection is also where similarly situated organizations come into play. The chapter would have to show that it is being treated differently from other similarly situated organizations, which would in this case be other chapters attempting to come onto campus.
Threaded Mode
