Justice Ginsburg begins her opinion with this statement: "CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings' policy."
Is this true? If CLS had won under the right of expressive association, would it be "a preferential exemption?" Or would every other student group have had an equal right to expressive association? Would an LGBT group have been allowed to deny leadership to a student who opposed same-sex marriage? Would a animal rights group have been allowed to deny leadership to an avid hunting enthusiast? Would a Civil Rights group been allowed to deny admission to a member of the KKK?
CLS was not seeking preferential treatment; it was only asking the Court to protect the 1A right of expressive association from Hastings restrictive student group policies.
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