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Court Finds Church-State Problems With University Training Manual

By Howard Friedman

In Sklar v. Clough, (ND GA, April 29, 2008), a Georgia federal district court found substantial problems with material included in a training manual used in Georgia Institute of Technology's "Safe Space" program. Safe Space is designed to create a supportive environment on campus for gay, lesbian, bisexual and transgender students. In an 84-page opinion, the court focused on material dealing with the views of various religious groups regarding homosexuality. It held that inclusion of this material violates the Establishment Clause by favoring some religious beliefs over others.

In the opinion the court also dismissed claims regarding use of student activity fees because there had not been adequate proof of the responsibility of the specific named defendants. However the court suggested that a suit against proper defendants could well be successful. It said the school's policy against funding religious activities with student fees is administered in a manner that "is whimsical and would appear to exceed even an arbitrary and capricious standard." Alliance Defense Fund yesterday issued a release reporting on the court's decision. Also the Atlanta Journal Constitution and Inside Higher Education both report on it. (See prior related posting.)

Full post as published by Religion Clause on May 02, 2008 (boomark / email).