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Lyzandra Daria
New Member
32 Posts |
 Posted - 01/19/2008 : 16:15:27
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http://www.madison.com/wsj/home/local/267961
UW-Madison can no longer refuse to pay for student activities involving prayer, worship and proselytizing, a federal judge ruled Thursday.
U.S. District Judge John Shabaz said the school's policy of turning down funding requests from student groups for such activities violates their First Amendment right to free speech.
He granted a preliminary injunction sought by the Roman Catholic Foundation, a student group, that calls for the university to immediately stop enforcing the policy while its lawsuit is decided.
"The defendants have engaged in viewpoint discrimination in violation of plaintiffs' First Amendment free speech rights," said Shabaz, reading a written ruling in his courtroom.
It is the latest development in a lengthy legal dispute closely watched by school administrators and religious student groups across the country.
The Catholic group filed suit in September after the university declined its requests to cover costs for things such as printing Lenten booklets, running Evangelical training camps and hosting spiritual retreats.
UW-Madison argued that awarding student fees for those activities would violate the separation of church and state. The university provides a forum for discussion and debate but worship is something completely different, state lawyer Bruce Olsen told Shabaz.
Shabaz rejected that argument. Subsidizing the activities would not amount to an illegal endorsement of religion, he said.
What's illegal, he said, is the university's practice of singling out types of religious speech for different treatment. The U.S. Supreme Court has said mandatory student fees must be awarded without regard to the viewpoint of the group.
UW-Madison spokesman John Lucas noted Shabaz's decision was preliminary, pending a trial scheduled for June. Lucas said the university will reimburse the group for activities covered under the policy until then.
The amount the group is owed for past activities will be decided at the trial, Shabaz said.
But David Hacker, a lawyer for the Alliance Defense Fund, a legal advocacy group representing the foundation, said the ruling signals the university will likely have to pay for outstanding expenses of more than $30,000.
Among other things, the university has refused to cover the costs of printing Lenten booklets written by students, a retreat where priests and nuns counseled students and speakers who lectured about Christian faith and beliefs, the suit claims.
"We're really happy that he upheld the viewpoint neutrality requirement so that all students can get access to these fees," Hacker said.
But he expressed disappointment at a separate ruling that the university's eligibility requirements for student groups are likely constitutional.
Hacker said the group has been tentatively deemed ineligible for funding for next school year based on a new interpretation of a requirement that groups demonstrate how they benefit students. He called it a back-door attempt to discriminate against religious groups.
Shabaz rejected the argument, saying the requirements allow the university to determine how to award the money.
Last year, the two sides settled an earlier federal lawsuit.
The settlement called for the university to award the group up to $253,000 in student fees this school year. The student group agreed to establish itself as separate from St. Paul's Catholic Church and not seek funding for religious events such as Masses, weddings and funerals.
The lawsuit claims the university is violating the settlement by refusing to fund certain budget items.
>>>
 Not much consolation.
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"Faith must have adequate evidence else it is mere superstition" Alexander Hodge
Regards, Lyz |
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bngbuck
SFN Addict
USA
2437 Posts |
Posted - 01/19/2008 : 16:27:02 [Permalink]
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Thanks, Lyzandra! As I noted in your other thread, I researched this a bit last night. If the petitioner is denied in the upcoming June trial, it is my somewhat educated guess it will go to appeal and possibly to the SCOTUS.
It is definitely a significant Constitutional issue. The arguments on both sides promise to be fascinating, especially if the heavies like Roberts, Scalia et al get to chime in! |
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Lyzandra Daria
New Member
32 Posts |
Posted - 01/19/2008 : 16:37:55 [Permalink]
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Originally posted by bngbuck
Thanks, Lyzandra! As I noted in your other thread, I researched this a bit last night. If the petitioner is denied in the upcoming June trial, it is my somewhat educated guess it will go to appeal and possibly to the SCOTUS.
It is definitely a significant Constitutional issue. The arguments on both sides promise to be fascinating, especially if the heavies like Roberts, Scalia et al get to chime in!
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>>>
 Agreed. I'm going to pay attention to this one.
I do agree w/ sentiments...i.e., let the students request $ for their activities...so long as the don't descriminate in the membership. I don't like the idea much. I believe the U of W has their own code if the student group wants to be financially supported they have to jump through the appropriate hoops.
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"Faith must have adequate evidence else it is mere superstition" Alexander Hodge
Regards, Lyz |
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Cuneiformist
The Imperfectionist
USA
4955 Posts |
Posted - 01/19/2008 : 18:00:06 [Permalink]
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Jesus. The dollar amounts in the blurb seem high to me. I mean, $30,000?! That's a lot of money for a student group to get. I am in the dark. Do other student groups get so much? I don't think any university should be giving any student group $30,000, even if my alma mater started the Cune fan club!
ETA: here is a list of "religious" groups that have been "accepted as student orgs. |
| Edited by - Cuneiformist on 01/19/2008 18:02:47 |
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Lyzandra Daria
New Member
32 Posts |
Posted - 01/19/2008 : 18:11:38 [Permalink]
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Originally posted by Cuneiformist
Jesus. The dollar amounts in the blurb seem high to me. I mean, $30,000?! That's a lot of money for a student group to get. I am in the dark. Do other student groups get so much? I don't think any university should be giving any student group $30,000, even if my alma mater started the Cune fan club!
ETA: here is a list of "religious" groups that have been "accepted as student orgs.
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Does seem a bit high...
"The amount the group is owed for past activities will be decided at the trial, Shabaz said.
But David Hacker, a lawyer for the Alliance Defense Fund, a legal advocacy group representing the foundation, said the ruling signals the university will likely have to pay for outstanding expenses of more than $30,000.
Among other things, the university has refused to cover the costs of printing Lenten booklets written by students, a retreat where priests and nuns counseled students and speakers who lectured about Christian faith and beliefs, the suit claims."
I hope this David Hacker atty has rose-colored glasses.
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"Faith must have adequate evidence else it is mere superstition" Alexander Hodge
Regards, Lyz |
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Judge errs Follow-up
