The University of Wisconsin Roman Catholic Foundation scored another legal victory Tuesday when a federal court announced the university could not apply the UW System's nondiscrimination policy when determining whether to fund the controversial campus organization.
In a March 9 decision, U.S. District Court Judge John Shabaz ruled UW could not enforce its own nondiscrimination policy — as written in the Student Organization Office Handbook — against UWRCF, since it violated the group's constitutional right to free association.
However, in an April 4 decision released yesterday, Shabaz clarified his earlier decision, ruling that UW is prohibited from enforcing the systemwide policy as well.
Though UW officials had requested the clarification, Shabaz's ruling is yet another legal victory for UWRCF in its ongoing funding dispute with UW.
According to David French, an attorney for UWRCF and senior council for the Alliance Defense Fund in Tennessee, UW officials believed the nondiscrimination policy that Shabaz found to be unconstitutional in March was limited to UW-Madison and did not extend to the rest of the UW System.
UW has long pointed to UWRCF as an exclusively Catholic organization and cited the university's nondiscrimination policy as justification to deny the campus group segregated-fee funding in 2006.
However, French said UW could no longer dictate membership criteria for student organizations, and compared UWRCF to a political group that obviously contains only people with similar beliefs.
"It's always been legal in the wider world. What on Earth makes the university think it can intrude on the process of this religious organization?" French said. "That's remarkable."
Since the decision was delivered to the parties late Tuesday, Casey Nagy, chief of staff for Chancellor John Wiley, said he was unable to comment on UW's position.
However, UW spokesperson John Lucas said that the university's nondiscrimination policy would still be valid to other registered student organizations, with regard to race and other aspects.
"As we understand [Shabaz's] order, the university can apply its nondiscrimination clause, except as it pertains to RCF over religious status," Lucas said.
With Tuesday's victory, UWRCF spokesperson Tim Kruse said the organization was optimistic that it would be successful if it chooses to continue to pursue a lawsuit.
"It was a big decision for us," Kruse said. "The decision in the court is entirely in our favor."
Kruse added that the real winners in the decision would be other campus organizations that have had their bylaws restricted by UW System policies.
Jennifer Tanner, an executive team member of Greek Intervarsity, a student-run Christian organization, said it would likely not close their doors completely to non-Christians, but may introduce some faith-based membership aspects.
"I think that leadership and membership requirements shouldn't be a means for discrimination," Tanner said. "I think having faith-based questions for requirements probably just furthers the commitment and increases the depth of the organization."
Although still involved in the pending case filed against the UW System and UW administrators, Dean of Students Lori Berquam said university officials would take some time to analyze the ruling with legal staff.
Berquam said she hopes student organizations continue their tradition of openness to all beliefs on campus.
"One of the premises I would say on our campus is we really try to be open and inclusive to all groups and to all people," Berquam said. "I would hope that this ruling doesn't indicate anything differently."