University says state constitution prohibits providing Idaho funds to faith-based groups

BOISE — Six Boise State students say, in a lawsuit, the university discriminates in the way it distributes student group funding.

Casey Mattox, counsel for the Christian Legal Society's Center for Law and Religious Freedom, said the students approached his nonprofit agency a month ago. The civil lawsuit against Boise State was filed in U.S. District Court Thursday morning. Mattox said Boise State charges students a fee, which it uses to help fund student groups on campus. But Mattox said the university does not fund student organizations with religious affiliations, which he said is a discriminatory act.

Applications for student organization funding state at the top: "Club sports and religious organizations are not eligible for funding." According to BSU's student club Web site, there are 18 religious student organizations and 210 clubs total.

Boise State spokesman Frank Zang said the Idaho constitution prohibits state moneys funding religious organizations. The school does provide religious groups with equipment, space on campus and other privileges offered to other student groups, Zang said.

"Boise State does not have a specific policy that prohibits funding for religious organizations, however, we do adhere to the state law which does prohibits state funds of religious organizations," Zang said.

Article 9, Section 5 of Idaho's constitution specifically states that no school district can use funds "in aid of any church or sectarian or religious society."

But Mattox said according to the Supreme Court, "a state university can't rely on a state constitution to trump the First Amendment."

Mattox also argued that by limiting which student organizations are funded, it discriminates against every Boise State student, a portion of whose student fees goes to student club funding.

"They're all being forced to give money to student groups that they disagree with and they're being told their money cannot be used for groups they do agree with," Mattox said. "You have to allow a system where anyone can be funded."

For the 2008/2009 school year, Boise State full-time graduate and undergraduate students were charged $317.45 a semester in activity fees which fund 18 areas including intercollegiate athletics, the student health center and scholarships. Of that money, $12.80 funds the associated student body — student government — and $7 funds the student program board, both which support student organizations.

But Zang said, within perimeters of the state law, students have a say in where their money goes.

"Students are represented and are part of the decision making process about how those funds are distributed," Zang said. Boise State students sit on multiple committees that review budgets and student club fund requests, he said.

Mattox he did not know how long the alleged discrimination has been in place, but said that in 2002, the school intervened and prevented funding from going to a Christian group, Campus Crusade.

Zang said he could not verify the validity of that accusation.

UI: Our student funding is "fair and open"

Mattox said other Idaho schools, such as the University of Idaho, do not withhold funding from campus religious groups based on the state constitution.

UI Dean of Student Advisory Service Bruce Pitman said the university funds any student organization requests as long as they meet minimal criteria and apply through the proper channels.

"Faith-based student organizations are treated as any other student organization when it comes to requests for student group funds ... Essentially any other privilege that is given to student organizations is also given to faith-based student organizations," Pitman said.

Although Pitman wouldn't discuss the Idaho constitution article — "That's moving into interpretations of law" — he said preserving freedom of expression and freedom of association issues play a part in how UI treats its student groups.

"The bottom line is that this is a system created by our students in a fair and open way, and in this case, the apportionment of student fees is done in a fair and prescribed manner ... Our approach doesn't limit a student organization's access to fees or space or any other privileges based on the content of their work," Pitman said.

Two students involved in controversial club

Each of the six students named in the lawsuit belong to various Christian campus groups, Mattox said.

Two of the students are president and vice president of a student group, Cornerstone Ministry, which Zang said had a conflict with the university concerning open membership rules. Zang said the group's "intent is to prohibit those with opposing viewpoints from voting membership and officer status in the club," which clashes with Boise State student organization rules.

Students filing the lawsuit declined to comment on the case.