 Lawsuit Begins Against Public Funding Of
Homophobic School
by 365Gay.com Newscenter Staff
Posted: December 11, 2007 - 5:00 pm ET
(Frankfort, Kentucky) A lawsuit challenging a $11
million dollar state grant to a private Baptist university argues that giving
the money violates the Kentucky state constitution. The
state says that the money, to be used to create a pharmacy school at the
University of the Cumberlands, was for the betterment of the
state's health and welfare and therefore constitutional.
The LGBT rights group Kentucky Fairness Alliance
filed a lawsuit along with advocates for the separation of church and state and the
Jefferson County Teachers Association.
Named as defendants are the university, Gov. Ernie Fletcher
and a dozen Republican lawmakers.
The $11 million grant was approved by the GOP
controlled legislature and despite pressure to veto the measure Gov. Ernie
Fletcher refused but said he would hold the funds until after the legal question
is resolved.
The legality of the grant grew out of a 2006
incident in which the university expelled a student it found out is gay.
Jason Johnson, 20, was expelled after posting his
sexual orientation on a Web site.
The dean's list student received all Fs on his
transcript when he was expelled. (story)
Following public outrage the university agreed to
allow Johnson to send in work to finish his courses and receive final grades but
he was barred from the campus.'
Although the suit was filed by the Kentucky
Fairness Alliance there was scant mention of the Johnson situation in legal
arguments.
Attorney David Tachau instead argued that the
grant did not fall under the heading of "health
and welfare" and was instead in support of education at a private,
sectarian institution. That, said Tachau, makes it unconstitutional.
In his argument he cited a 1983 ruling that
said public money could not be used to buy textbooks for private schools.
The university, represented by Timothy J. Tracey, of the
Virginia-based Center for Law & Religious Freedom, argued that the
legislature acted responsibly and legally by seeking to address the state's shortage of pharmacists.
Judge Roger Crittenden said he would issue a
ruling on whether the case can proceed in about two months.
©365Gay.com 2007
|
Entertainment
