¶ … ABS
Despite the existence of the Establishment Clause, most state universities allow and provide funding for religious student groups. In fact, in the U.S. Supreme Court case Rosenberger v. Rector of the University of Virginia, the Court "… held that it violates the First Amendment for a school to exclude a religious student group from receiving the same access to student funds that other groups receive… the university is responsible for making sure that student government distributes the funds in a viewpoint neutral manner, meaning that student groups are not discriminated against because of their views" (Crane 2009). However, while this may mean that the grounds for the suit based upon the First Amendment may be nebulous for the ABS, under "federal law, race discrimination in education is prohibited by Title VI of the Civil Rights Act of 1964. Title VI protects people from discrimination based on race, color or national origin in programs or activities that receive federal financial assistance. Title VI states that:
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance" (Race discrimination, 2009, Findlaw).
As a state institution receiving federal funding, Midstate University cannot fund organizations that discriminate upon race. However, if the university wishes to extend the same prohibition against individuals based upon sexual orientation, they must add this to the university's own set of written policies and guidelines. Discrimination is prohibited on the basis of race, color, and national origin by Title VI of the Civil Rights Act of 1964; sex discrimination by Title IX of the Education Amendments of 1972; discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990, and age discrimination is prohibited by the Age Discrimination Act of 1975, but not discrimination based upon sexual orientation (Discrimination in education, 2009, Findlaw).
Works Cited
Crane, S. Colt. (2009, February 2). Students sue Ohio State. The Arbiter Online. Retrieved May
17, 2009 at http://media.www.arbiteronline.com/media/storage/paper890/news/2009/02/02/News/Students.Sue.Boise.State-3607087.shtml
Discrimination in education -- Federal laws. (2009). Findlaw. Retrieved May
17, 2009 at http://public.findlaw.com/civil-rights/more-civil-rights-topics/education-discrimination-civil-rights/education-discrimination-federal-laws.html
Race discrimination in education. (2009). Findlaw. Retrieved May
17, 2009 athttp://public.findlaw.com/civil-rights/more-civil-rights-topics/education-discrimination-civil-rights/education-discrimination-federal-laws.html
