Alpha Delta Chi-Delta Chapter v. Reed

Opinion by Judge PREGERSON; Concurrence by Judge RIPPLE.

OPINION

PREGERSON, Circuit Judge:

The Supreme Court held in Christian Legal Society Chapter of the University of California, Hastings College of the Law v. *795Martinez that a public law school does not violate the Constitution when it “condition[s] its official recognition of a student group — and the attendant use of school funds and facilities — on the organization’s agreement to open eligibility for membership and leadership to all students.” — U.S. -, 130 S.Ct. 2971, 2978, 177 L.Ed.2d 838 (2010). The Court referred to the open membership…