ACUHO-I News Blog

“Conversations,” a regular department in the Talking Stick magazine, is dedicated to capturing dialogue between high-level professionals on the topics that affect campus housing. The July+August 2009 issue featured a conversation on student substance abuse that was so thorough and valuable, that it all couldn’t fit on the printed page.

The following is the complete conversation featuring Valerie Randall-Lee (Northeastern University in Boston), Dan Pedersen (St. Cloud University in Minnesota), and Paul Hubinsky (Illlinois Institute of Technology in Chicago). After reading, please share your own thoughts about student substance abuse and the efforts your campus is making to address it in the comment section.

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At this time each year, the Supreme Court releases its docket for the next session. They usually do not give a reason why other cases were refused. The justices prefer cases in which a precedent has not been set–and thus the Supreme Court can provide that guidance–and cases in which conflicting rulings have been issued by lower courts.  Thus advocates for Christian student groups and advocates for non-discrimination rules at high schools and in higher education found themselves united on at least one subject: They were surprised the Supreme Court did not take on the question of public institutions, student groups and the rights those groups have (or don’t have) to exclude certain people as members.

Public high schools and public colleges and universities say anti-discrimination rules (which usually include discrimination on the basis of sexual orientation) should be applied evenly to all student groups receiving student activities funds. Christian students say such rules limits their right to free assembly and forces them to accept student members who don’t profess the same beliefs.

One case that has been used as precedent is Truth vs. Kent School District. The U.S. Court of Appeals for the Ninth Circuit backed a high school’s right to deny official recognition to a Bible study group whose members did not want to adhere to the district’s policy that all student groups must accept any interested students as members. The court found that since the district applied the anti-discrimination rules to all student groups, the Bible study group was not being treated any differently.

Truth vs. Kent School District was cited twice more, to uphold the right of higher education institutions not to recognize student groups that do not follow a similar anti-discrimination code of conduct.

However, the U.S. Court of Appeals for the Seventh Circuit ordered Southern Illinois University to recognize a chapter of the Christian Legal Aid Society.

This all leaves higher education uncertain of what their next move should be, and the Supreme Court will be silent on the subject, at least until 2010-2011.