The case of Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Leo P. Martinez et al., 2009 revolved around a dispute between a student group and their university over non-discrimination policies. The Christian Legal Society (CLS) at UC Hastings required its members to sign a statement affirming their belief in certain religious principles, including opposition to homosexuality. This was deemed by the college as discriminatory against LGBT students and thus violated its policy requiring registered student groups to accept all students regardless of status or beliefs. CLS argued that this infringed on their First Amendment rights to freedom of speech, religion, and association. In June 2010, the Supreme Court ruled in favor of UC Hastings with a 5-4 decision stating that educational institutions have the right to require student organizations receiving school funding or recognition not discriminate based on race, color, religion, national origin etc., even if it conflicts with an organization's religious beliefs.

In the dissenting opinion for Christian Legal Society Chapter of the University of California, Hastings College of Law v. Leo P. Martinez et al., Justice Samuel Alito argued that the court's decision violated First Amendment rights to freedom of speech and association. He contended that by forcing a religious group to accept members who do not share its beliefs, it undermines their ability to express those beliefs effectively. The justice also criticized what he saw as an inconsistent application of anti-discrimination policies; while other groups were allowed exceptions based on shared interests or characteristics (such as political clubs requiring agreement with their platform), religious groups were denied this same right due simply to their faith-based nature. Furthermore, he expressed concern over potential implications for other minority viewpoints in academic settings if such restrictions are upheld.