DISCIPLEMAKERS AND PENN STATE TENTATIVELY SETTLE DISPUTE OVER NON-DISCRIMINATION POLICY
On March 30 DiscipleMakers and Penn State University agreed to an interim settlement under which DiscipleMakers retains its privileges through 2005 and Penn State gives important concessions to campus religious groups. The settlement followed a mediation between Center attorneys and attorneys for Penn State.
This case arose in September 2004 when Center attorneys asked the university to exempt DiscipleMakers and other religious student groups from the objectionable provisions of its nondiscrimination policy. Penn State refused to grant an exemption, and DiscipleMakers responded by filing a federal civil rights lawsuit against the university in October 2004 to defend its constitutional rights.
According to the interim settlement agreement, Penn State will amend its policies governing student organizations by August 1, 2005. The amendments will include a clarification allowing student organizations to select leaders based on sincerely held beliefs. Additionally, DiscipleMakers will maintain university recognized status at least through September 2005. Center and university attorneys also agreed to request a “stay” of court proceedings in this case until August 1, 2005. If DiscipleMakers is satisfied with the university’s policy changes at that time, the parties will ask the court to dismiss the lawsuit; if DiscipleMakers is not satisfied, the lawsuit will resume.
The CLS Center, the Alliance Defense Fund, and local counsel Leonard G. Brown, III represent DiscipleMakers, and the Alliance Defense Fund is generously funding the Center’s work on this case.
CHRISTIAN LEGAL SOCIETY ASKS CALIFORNIA SUPREME COURT TO REINSTATE EQUAL BENEFITS TO RELIGIOUS SCHOOLS
The CLS Center filed a “friend of the court” brief in the Supreme Court of California on March 30 in California Statewide Communities Development Authority v. All Persons Interested. The brief argues that California should not use a church-state provision in its constitution to discriminate against intentionally religious schools by denying them the benefits of tax-exempt bond financing.
Azusa Pacific University, California Baptist University, and the Oaks Christian School are three religious schools that applied with the California Statewide Communities Development Authority (CSCDA) for tax-exempt bond financing in 2002. CSCDA is a state agency that offers tax-exempt bond financing to institutions, including private schools, for the development of projects intended to benefit the public. CSCDA acts as a “conduit” through which schools may borrow money from private investors at a lower interest rate because the lender's earnings are tax-free. CSCDA charges borrowers a fee for its services, and state funds are not lent to the borrowers.
CSCDA asked a state trial court to review the proposed transactions with the three schools and to deem them constitutionally permissible. The trial court held that the California Constitution forbids CSCDA from giving these three educational institutions the same access to conduit financing available to other schools. CSCDA appealed, and the California Court of Appeal agreed with the lower court that the California Constitution required discrimination against the schools on the ground that they were “pervasively sectarian.” The California Supreme Court accepted CSCDA’s request to review that decision.
The CLS Center filed the brief on behalf of the Christian Legal Society and the Council for Christian Colleges & Universities, and the Alliance Defense Fund provided funding for the Center’s work on this case.
CLS CHAPTER SUES SOUTHERN ILLINOIS UNIVERSITY FOR VIOLATING FIRST AMENDMENT RIGHTS
The Christian Legal Society chapter at Southern Illinois University (SIU) School of Law sued school officials on April 5 for revoking the chapter’s registered status because the chapter requires its members and officers to affirm the group’s religious beliefs.
The CLS chapter at SIU requires its voting members and officers to sign and affirm the CLS Statement of Faith and to endeavor to live their lives in a manner consistent with the statement. Although individuals who do not adhere to the CLS Statement of Faith are not eligible to be members or officers, they are welcome to attend chapter meetings and other events.
In February, a university official informed the CLS chapter that a student had filed a complaint with the university against the chapter. The complaint claimed that the chapter’s membership and leadership policies violated a university policy requiring student organizations to adhere to all appropriate federal or state nondiscrimination laws.
The university revoked the chapter’s registered status on March 25 after reviewing the chapter’s membership and leadership policies. The university claimed the chapter’s policies violated the “Southern Illinois University-Carbondale [SIUC] Affirmative Action/Equal Employment Policy” and a Policy of the Southern Illinois University Board of Trustees requiring that all recognized student organizations “adher[e] to all appropriate federal or state laws concerning nondiscrimination and equal opportunity.” The university proceeded to strip the chapter of all benefits associated with registered status.
The chapter states in its lawsuit that it does not employ anyone, it has no employment policies, and the chapter’s membership and leadership policies do not violate any federal or state laws concerning nondiscrimination and/or equal opportunity. The lawsuit also contends the university violated the chapter’s First Amendment rights of expressive association, free speech and free exercise of religion.
The CLS Center, the Alliance Defense Fund, and local counsel David O. Edwards of Giffin, Winning, Cohen & Bodewes, P.C. represent the CLS chapter, and the Alliance Defense Fund is financially supporting the Center’s work on this case.
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