The UW Roman Catholic Foundation exhaled a long sigh of relief last Thursday when U.S. District Judge John Shabaz ruled that UWRCF's funding woes could end with a simple change in board membership.
As an added boon, the court held that UW could not use its nondiscrimination policy to preclude UWRCF from obtaining Registered Student Organization status.
The funding fight that prompted this holding began in fall 2005 when UWRCF first accused the Student Organization Office of unjustly denying group status to UWRCF. Since UWRCF did not meet RSO status, it also lost its eligibility for Student Services Finance Committee funding. The budget originally requested by UWRCF exceeded $253,000.
Upon losing RSO status and dreams of rolling in student dough, UWRCF claimed the decision was an assault on the group's beliefs and religious nature. The claim seemed warranted, given the administration's tendency to cite its nondiscrimination policy as a reason to deny UWRCF student organization status.
UW administrators also argued the group could not receive its requested $253,000 in segregated fees unless students represent a majority of the board of directors. The U.S. District court affirmed this decision Friday, adding that the board's student-to-non-student membership ratio must be at least even.
Although Judge Shabaz reasserted the necessity that UWRCF change its composition, the ruling ultimately put the UW administration to the test.
If UWRCF changes its membership, meets the standards established by the SOO, fulfills the court's requirements and resubmits for RSO status, the UW has two choices: It can, and should, grant RSO status without any objections. Alternatively, it can, but should not, deny funding and initiate a nasty constitutional battle.
The nondiscrimination policy is a direct affront to the right to free association. Even the Board of Regents agree, and decided in December that student organizations can restrict membership to only those individuals who subscribe to the group's beliefs. It may seem illogical to allocate student money to groups that do not offer universal access, but the reality is that UWRCF maintains it does not even have a Catholic-only membership policy—technically, it is open to all individuals of all faiths and demographics.
The ongoing battle between the UW Roman Catholic Foundation and UW-Madison administrators would best end with civility and adherence to the law. To these ends, UWRCF must change its membership to meet UW policy, and UW administrators must grant RSO status to UWRCF.
