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Loading ...Anti-gay university lawsuit to go to Ky Supreme Court
04.21.2009 9:54am EDT
(Frankfort, Kentucky) The case against a private, anti-gay Baptist university which received an $11 million state grant, is moving forward. The Kentucky Supreme Court has ordered attorneys to submit briefs in the case by June.
A lower court judge ruled last year that Kentucky GOP lawmakers and former Gov. Ernie Fletcher violated the state constitution by appropriating the state funding to the University of the Cumberlands.The lawsuit was filed in 2006 by the LGBT rights group Kentucky Fairness Alliance, along with advocates for the separation of church and state and the Jefferson County Teachers Association, after a dean’s list student was expelled for being gay. School policy does not permit the enrolment of LGBT students.
“An appropriation of taxpayer dollars is questionable in my mind when it’s going to a private religious based institution,” said Jody Cofer, a leader of the Fairness group, to the Associated Press. “There are many public schools that could benefit from that money.”
The state had argued that the money, to be used to create a pharmacy school at the university, was for the betterment of the state’s health and welfare and therefore constitutional.
Jason Johnson, 20, was expelled after posting his sexual orientation on a Web site. 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.
Uh oh. There may not be a case here. The student was allowed to finish his education from home. That is a very valid arguing point for the university. Also, I don’t know, but also if sexual orientation is not a protected status in KY then there is also no case of discrimination.
No Church based School should get State money if they are allowed to discriminate!!! Should only Baptist be allowed to go to the new pharmacy school.
Tom in Long Beach
This is not a discrimination case on behalf of the student who was expelled. There’s nothing anyone can do about that. But the LGBT rights group have decided, along with this separation of church and state group, to target the university’s pocketbook, where it really hurts, as a form of retaliation.
Look, it’s a private uni, they can accept or expel anyone they want, without reason. The student chose to go there knowing their rules.
Whatev.
BUT, when the government gives our (or in this case, the KY populace’s) money to a university to create a school, ALL residents should be allowed to attend that school. It’s money given to the university by everyone. Not by the government.
That’s where this gets tricky, and why a separation of church and state (or state and private, if you will) is essential.
Imagine if a hospital that received state funds was to stop treating Jewish people. There would be absolute rioting in the streets!
Jay is correct! Let the Bigoted=Baptists discriminate as much as they want; they are free to discriminate against GLBT persons, Lutherans, People of Color, Left-Handed people — anybody they want, but NOT with public money. There are consequences to saying that as a private organization you have the right to discriminate, and one of those consequences is that public money must not be used to support such discrimination. They are either private, and free to discriminate, or they are a public accommodation or public trust, and must serve all. It can’t be both ways. The Boy Scouts are learning that lesson.
Is it one or two cases???
“An appropriation of taxpayer dollars is questionable in my mind when it’s going to a private religious based institution,” said Jody Cofer, a leader of the Fairness group, to the Associated Press. “There are many public schools that could benefit from that money.”
The state had argued that the money, to be used to create a pharmacy school at the university, was for the betterment of the state’s health and welfare and therefore constitutional.
Messy article.
After reading this article I can’t help but think there are some crucial facts missing. What was the grant money for? Is the pharmacy school going to be a public state-run institution of learning? Does Kentucky have an anti-discrimination law? My bet is that it doesn’t.
Mr. Johnson knew before going to this University it’s stance on homosexuality, so why would he choose to go there? This is not a public university so he knew at the time of registering what he was going to face. It’s akin to holding your hand over an open flame and then complaining because you burned yourself.
I don’t think the school should have received public funding if they are discriminating…but at the same time, does Kentucky even have laws protecting people from being discriminated based upon their sexual orientation?
I agree that the $ could have gone to a public university.
Not only was Jason expelled but was also given failing grades for the remainder of the semester in all of his classes.
And also, this article fails to mention that when Jason originally enrolled at the University of the Cumberlands, there was no policy in their handbook about not allowing students to enroll who engage in homosexual behavior. It was put into the handbook a year after he enrolled.
I was Jason Johnson’s partner shortly after this occurred and this article is leaving out a lot of details.
I wonder what the Baptist church would do if a student were to be expelled for another university for being a Baptist and telling others about it. After all, being a Baptist is not like being of a different race or having a physical handicap. Baptists can just keep it to themselves.
This story emphasises how far the lgbt community needs to progress in our strugglr. It is sickening what hoops they are making this student jump thru!!!!!!!!!!1
“The state had argued that the money, to be used to create a pharmacy school at the university, was for the betterment of the state’s health and welfare”
The mental health and welfare of the state are hurting by the mental illness of religious hatred for gays in KY.
Giving taxpayer money to a homophobic institution, whose religious supporter’s forbears developed this church (So. White Baptists) to preach slavery in the 1830’s etc, and then segregation, is just plain wrong. And before the civil war, KY WAS a slave state.
They get nothing, and should be forced to repay the money the state gave to them after the incident with the student.
BTW, I remember reading some of the student blogs from that school. There are plenty of gay students there, according to the youngsters, who generally know all.
It is time that this summer, after school lets out, all the gay kids get together, admit they are gay in a big ceremony, and defy the school to take action against them. Yes they may have to find another school. But the mental illness of the So. Baptists will be exposed for the nation to see.
The ignorant hateful religious schools better clean up their act before Obama directs congress not to allow Fannie Mae to guarantee loans to students enrolled in these schools. Anyone is welcome to attend these schools, but when tax payers are indirectly supporting these institutions, the public has the right to insist that there be no descrimination.
Tom:
There is a (or could be a slight issue) with your stance. The first thing that comes forward is that MOST equality laws *EXEMPT* church based locations, they (Religious Right) has insisted that from the start. Of course lawmakers have gone along.
The second item is that it appears that the people from this state are *NOT* gay friendly (or neutral). I am NOT suggesting that they are right just indicating that since most church “activities” have been exempted. I could be mistaken in this but groups like The Salvation Army are probably exempt as well.
The church people framed the question mote like a statement “you cannot force us as we are a religion” while its not good for us its a perfect excuse for them.
Knowing the Supreme Court they would probably go along with it.