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Case Study: Bethel Ministries, Inc. v. Salmon



This case study looks at the case of a nonprofit school that refused to include sexual orientation and gender identity and its nondiscrimination policy. As a consequence, it was booted from a Maryland school funding program. It argued that it's right to free speech was violated by being punished for not tailoring its handbook's nondiscrimination policy to the liking of state bureaucrats. The court had to walk the fine line between allowing states to tailor its programs to make sure they are fair and the prohibition against states using its power to deny freedom of speech guaranteed by the First Amendment. The court had to tackle the interesting issue of whether failing to state a particular type of nondiscrimination policy is considered speech.

The case can be found here:

https://law.justia.com/cases/federal/district-courts/maryland/mddce/1:2019cv01853/456502/41/