We have written before about the out-of-control monstrosity that is the University of Wisconsin's student-segregated fee system, and its ineptitude is on display for the entire campus to see once again. A letter from Chancellor John Wiley last week highlights a plethora of legal problems with the Associated Students of Madison's proposed budget, but of particular interest to us is the continuing snafu that has come from the UW Roman Catholic Foundation.
Earlier this month, U.S. District Court Judge John Shabaz issued a statement making it absolutely clear UW cannot exercise its nondiscrimination policy as a basis for withholding funding from a registered student organization. To do so, according to Mr. Shabaz, would be a violation of freedom of association as protected by the First Amendment.
In this case, the UWRCF is now free to collect more than $250,000 per year in segregated fees — money tacked on to every UW student's tuition bill. But unless you're willing to pledge your adherence to Catholic dogma, you might not be allowed to join if the UWRCF takes advantage of this new clause.
That might seem like no big deal — after all, what non-Catholic would want to join UWRCF? But the nondiscrimination policy was an important distinction to make in justifying driving up the cost of a UW education, because at least in theory anyone on campus could join. However, with Mr. Shabaz's ruling, a UW student could be prohibited from joining a student organization that he or she is forced to fund.
UW spokesperson John Lucas told a Badger Herald reporter earlier this month that the nondiscrimination policy will still apply to other student organizations and will continue to prohibit other types of discrimination. But exactly where is that line drawn? Is it only religious groups that can discriminate? And under the hugely impractical albatross that is "viewpoint neutrality," exactly what now stops a group from discriminating on the basis of sex, gender or race?
Ironically, we hope the courts ultimately do hold UW to an extreme interpretation of viewpoint neutrality and strike down the university's nondiscrimination policy. On a campus that rightfully places so much value on diversity and maintaining an inclusive climate, perhaps this will be the proverbial straw that breaks the camel's back.
Instead of squabbling over the technicalities of UWRCF's funding eligibility, UW should practice true "viewpoint neutrality" and fund every student organization on campus the same — by giving them nothing.
Would this mean the end for some student organizations? Probably, but the groups that do survive will be the ones that provide an actual service to campus. Student organizations worth their mettle will find alternative sources of funding — whether it be selling a product, holding fundraisers, collecting dues or lobbying for funding from national special interest groups.
Surely, this is an unwelcome suggestion for those student organizations currently riding the gravy train, but we don't anticipate such a policy would turn UW into the Siberia of student organizations. The system in place here is unique across the nation, and some of the most active groups on this campus — the College Democrats, Habitat for Humanity and, yes, The Badger Herald, to name a few — get along just fine without participating in the annual fleecing of students' pockets.
The grand total for most students this year was a $730 surcharge on their tuition bills. In an age where students and administrators alike bemoan tuition increases and dwindling state funding, that is a significant amount of money. We hope Mr. Shabaz's ruling will help convince some others the time for change is now.
