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Tuesday, April 23, 2024

Supreme Court decides not to hear UW-Madison Badger Catholic case

The U.S. Supreme Court decided Monday it will not hear UW-Madison's appeal of a lower court decision that found denying funding to the Catholic student group Badger Catholic violates the First Amendment.

The U.S. Court of Appeals for the Seventh Circuit ruled in favor of Badger Catholic in a September 2010 ruling, saying the university's denial of funding violated the group's First Amendment right to free speech.

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By deciding not to hear the case, the Supreme Court ended UW-Madison's appeal process.

The UW System Board of Regents and several higher education organizations, including the American Council on Education, urged the Supreme Court to hear UW-Madison's appeal.

The education organizations argued in a brief to the higher court that a public university should not be required to provide funds specifically for religious worship activities.

During the 2006-'07 and 2007-'08 academic years, UW-Madison denied funding for some Badger Catholic activities the university deemed strictly religious in nature.

The activities included student mentoring sessions with Catholic nuns and priests and a retreat at which participants held regular mass and prayer sessions.

UW-Madison's legal department said those activities were a violation of the separation of church and state, and therefore the group should not be rewarded student segregated fees for them.

UW-Madison spokesperson John Lucas said in a statement university administration was disappointed the Supreme Court decided not to hear the case, but respected the court's decision.

""We had been seeking more complete guidance not only for our own institution, but for all institutions of higher education confronting similar situations,"" Lucas said in the statement.

Badger Catholic President Nico Fassino said the group is pleased with the Supreme Court's decision, especially because it deemed their position as fair and deserving to stand as national precedent.

""This will certainly allow Badger Catholic, and also student groups on the University of [Wisconsin] Madison campus and across the nation, to really deepen the level of programming they are able to provide for students and that students want to receive,"" Fassino said.

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