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JANUARY/FEBRUARY 2005 | VOLUME 32 | NUMBER 1
KNOW YOUR RIGHTS |
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Across the country, religious rights on the college campus can vary significantly. "We have to evaluate each college and its location to determine the scope of those rights," says Dennis Kasper, general counsel for Campus Crusade for Christ. For example, there are significant differences between private and public schools, he says: "Public schools are subject to all of the constitutional rights guaranteed by the U.S. Constitution and the constitution of the states where they are located. But private colleges, depending upon the state where they are located, are not."
Nonetheless, it pays to know your rights. For free legal advice call the Alliance Defense Fund at 1-800-TELL-ADF. This legal alliance, founded in 1993 by five Christian ministry leaders including Bill Bright, agressively defends religious liberty (Campus Crusade workers should contact the general counsel's office).
Below are five frequently asked questions about rights on a public campus courtesy of the Alliance Defense Fund. #1Speech CodesHave you been restricted by the school in communicating your views? Example: Your school has policies prohibiting speech that is "offensive" or "intimidating" or "disparaging" on the basis of religion, sexual orientation, or punishing students for stating "discriminatory" views in class or in assignments, etc. Fact: You have the right to express your faith and other views on campus subject to reasonable time, place, and manner guidelines. You have the right to express your views in writing, orally, or in some other symbolic or demonstrative form. The rules for Orthodox Jews and Christians, for example, cannot be different in terms or application than others. #2Mandatory Diversity TrainingDoes your school force students to attend "diversity training" intended to change students' attitudes or sincerely held beliefs or require students to demonstrate their tolerance, etc.? Example: Your school has a policy which requires incoming freshmen or resident assistants to attend classes and affirm agreement, where the instructor criticizes or denounces the beliefs of the attendees, especially conservative Christian beliefs and beliefs opposing homosexual behavior. Fact: You may have the right to opt out of diversity training if the topic of discussion goes against a sincerely held belief, and especially if it requires affirmation or other action. #3Student FeesIs your organization treated differently because it is religious, politically conservative, or works to affirm life? Example: Your school has policies that do not allow your group to obtain funding or limit the amount of funding or require that your group be treated as an unofficial club or restrict use of bulletin boards or announcement mechanisms or impose any other form of second class treatment because your group is Christian, Orthodox Jewish, politically conservative, or has other "disapproved views." Fact: You have the right to be treated as all other student groups and cannot be singled out for negative treatment because your group is deemed to be "controversial." #4Speech ZonesDoes your school have a "non- discrimination" "free speech zone" that limits where you may present your views? Example: Your school has policies limiting "controversial" speakers to small, out-of-the-way areas of campus. Some campuses have enforced these policies only against conservative or Christian speakers, and ignore them for groups with "acceptable" views. Fact: You have the right to speak in the same time, place and manner as any other group on campus and be free of substantial restrictions on your speech and expression. #5Nondiscrimination StatementDoes your school have a "nondiscrimination" policy that applies to student groups? Example: Your school has a policy which states that your organization cannot meet on campus or receive funds unless you sign a statement saying that you will not "discriminate" on the basis of "religion" or "creed" or "marital status" or "sexual orientation" when selecting officers or members. This means you could be violating the policy if your faith-based organization requires that officers or members adhere to faith principles (the university would view this as religious or creed discrimination), or if you dismiss officers for sexual immorality as defined by your faith beliefs (the university could view this as marital status or sexual orientation discrimination). Fact: You have the right to meet with people who hold similar views, and you have the right to determine the purpose, faith position, and content of your group's speechfree from interference. For more information, visit the Alliance Defense Fund's Web site at www.alliancedefensefund.org. |
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