Public Colleges Have Right to Deny Funds to Groups Who Discriminate
Public colleges and universities should have the constitutional right to deny funding and official recognition to student clubs that engage in religious discrimination, a trio of religious and civil liberties groups has told the Supreme Court.
The organizations – Americans United for Separation of Church and State, the American Jewish Committee and the Religious Action Center of Reform Judaism – filed a friend-of-the-court brief March 15 urging the justices to rule in favor of the University of California’s Hastings College of the Law in a pending case.
Christian Legal Society v. Martinez concerns a student chapter of the Christian Legal Society (CLS) at Hastings that sued the school after it was denied official university recognition. Hastings officials said the CLS chapter violated school policies by denying membership and officer positions to non-Christians, gays and others who run afoul of CLS’s faith statement.
“Public colleges have every right to deny funding and official recognition to student groups that discriminate,” said the Rev. Barry W. Lynn, executive director of Americans United. “If students want to form a club that excludes others, they shouldn’t demand school subsidies or official status.”
In the brief, the groups assert that non-discrimination is an important social value that public universities have the right to promote.
“The University has a legitimate interest in ensuring that the student activity fees all students must pay support only those groups that are open to all students,” observes the brief. “Especially in light of the history of invidious discrimination on college campuses, UC-Hastings has a strong interest in avoiding the appearance of facilitating discrimination by its officially recognized and funded student groups.”
The brief goes on to note that the law school’s anti-discrimination policy imposes no serious hardship on the CLS chapter at Hastings. CLS members are still permitted to meet on campus and use school facilities without official recognition and school funding.
“Because CLS does not need to be an official student group to communicate its message effectively to the Hastings student body,” the brief asserts, “the group’s First Amendment interest in discriminating against non-believers and the University’s interest in ensuring that its sanctioned extracurricular activities are open to all students are not incompatible.”
The brief was drafted by a team of attorneys at the New York City firm of Jones Day, with input from attorneys at the American Jewish Committee and Americans United.
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Only the elimination of all conservative Christians will allow all Americans and world to be free.
The 1st thing that struck me about this issue is: Law School?
Geez!, who ever the CLS Officers are, should have their grades and Transcripts revised and given a "F" in "Constitutional Law"..... Really?... we're graduating people from accredited law schools , that DON'T UNDERSTAND THE "BILL OF RIGHTS"?.
Public institutions, not only have the RIGHT to NOT FUND ANY STUDENT RELIGIOUS ORGS, it is my personal opinion they are OBLIGATED BY LAW NOT TO FUND THEM. In addition, they also have the right and LEGAL OBLIGATION to NOT allow them to use the school 's facilities for their activities.
If CLS, will change their policies regarding membership and stop all forms of descrimination I say fine, (After all that is what NOT ONLY what really TRUE CHRISTIANS SHOULD DO, it's what CHRIST WOULD DO!) give them the funding. If not they are on their own for funding. At that point the school can decide how much tolerance of use of facilities they wish to provide for this group however they choose.
Aren't we kind of losing track of what schools are for in the first place?
Constitutional issues aside, why do taxpayers have to pick up the tab for ANY special interest groups or clubs? What would be wrong with a straight pay to play policy for everyone?
You want to start a club for some mindless nonsense, pass the hat and pay the rent. You want to start a Nuke a Gay Whale for Jesus Society, have at it. You want to start a Checkers Club, no problem. Just don't forget to write a check so the rest of us don't have to.
Every student organization discriminates in one way or another. Those activities fees that all the student has to pay no doubt go to things a lot of students do not agree with. So I agree with you Mr. Earl, no student group should get anything.
The cost of education just keeps "going up like a home sick Angel".
Drop or cut activity fees and don't fund ANY GROUPS.
with club choices. the taxes and tuition pay for this, and it is good in creating a better society with more well rounded peoples.
skyler
*Your Future Health*
(try vegan -- for your health , the health of society, and the health of the planet.)
contact skyler @ superapollo@ufl.edu to learn more and get involved.
www.myspace.com/skylerspektor
Reality: Public (State) Colleges/Universities, deliberately set their real tuition as low as possible, because it's the number that gets posted in the media . In addition to the tuition, they then nickle & dime a student into oblivion with FEES!
Enrollment fee, High School Transcript fee, Examination Fee, Library fee, Activity fee, Parking fee, Laboratory fee, Use of exercise areas (gym/pool/ weight room/equipment) fee,
Student Union fee, The RIGHT to purchase TICKETS to Sports events Fee, etc, ad nauseum.
If a Univerity states that their hourly tuition is $50/credit hour. The normal 15 hours per semester of classes would be only: $750. In reality,once one has also paid all those MANDATORY FEES, the cost is really $1700. Add text books from the School's Bookstore (now obviously being run by the mafia) and you are now writing checks for $2500-$3000 for 15 credit hours. Keep in mind this does not include a penny for Room & Board.
So those15 undergrad credit hours acually really cost, as much as $200 per hour. That's a number that in about every state in the union would get a Board of Reagents fired . In addition, Grad students taking 6-9 hour per semester that work full time, are charged all of those same fees and 90% NEVER USE any of what those fees cover, with the possible acception of parking,
I agree that such extra curricular clubs do contribute to a more well rounded education , and therefor a better society , However, the socialistic/communal "everybody has to subsidize" those clubs. Even if one chooses NOT to participate, they are forced to pay anyway. The fact is the school uses this fee as a revenue stream. Very little of the collected funds find their way to student activities.
Further, regarding a richer educational experience; anybody that has ever truly investigated the ethical, philanthropic educational, local charitible, and historical benefits of participation in greek societies, would find (in the majority of cases) Fraternities and Sororities, can make those same contributions to society.
Schools don't charge fees or subsidize Greek organizations. If one chooses to participate, one pays whatever the associated costs might be.
The same would /should be true of extra curricular clubs, if schools abolished the "Student Activity Fee". True they would have to raise the REAL tuition rate, but it would at least be more honest and transparent to the public.
And if not USING STATE FUNDS, those groups would be free to set whatever rules they want regarding eligibility requirements.
and they are also a business. so that's what one pays for to go to college . if one doesn't like it, they or their kids should just get jobs . 4 years of work exp may be better for such persons.
skyler
*Your Future Health*
(try vegan -- for your health , the health of society , and the health of the planet.)
contact skyler @ superapollo@ufl.edu to learn more and get involved.
www.myspace.com/skylerspektor
You are correct. I agree with your point.
If you vote for beard and circuses, you end up with nothing but fat clowns:
http://en.wikipedia.org/wiki/Bread_and_circuses
Several times a year I receive the local college 's updated class schedule. I've never seen so much inane, mindless garbage in my life being passed off as "higher education ". Most of the courses could be taught in the play area at McDonald's , and you could find better minds to teach the classes at the nearest mental institution.
Your "well rounded" argument is sense free. You don't need to go to school to watch reruns of Gilligan's Island. You will have on the order of 75 years to get as round as you like, but the time you have to learn the things that require special expertise is severely limited. What good is being round if after years of schooling, your practical knowledge is such that you would require additional training to get a license to drive a wheelbarrow?
Do take a moment to view the above link on the bread and circuses reference. I think you will find it enlightening. Think of it as a blast from the past when such was not endemic in society and those who used the phrase understood why it's not a good thing.