Student organizations; religious or political organizations may determine core functions, etc. (SB1074)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patron Del. Mark Cole (R-Fredericksburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Higher education; student organizations. Authorizes religious or political student organizations or groups to determine that the core functions of ordering the organization's internal affairs, selecting the organization's leaders and members, defining the organization's doctrines, and resolving the organization's disputes are in furtherance of the organization's religious or political mission and that only persons committed to that mission should conduct those activities. The bill also prohibits public institutions of higher education that have granted recognition of and access to any student organization or group from discriminating against any such student organization or group that limits its core functions to persons committed to its mission. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/09/2013Prefiled and ordered printed; offered 01/09/13 13103425D
01/09/2013Referred to Committee on Education and Health
01/31/2013Reported from Education and Health with substitute (9-Y 6-N) (see vote tally)
01/31/2013Committee substitute printed 13104808D-S1
02/01/2013Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2013Read second time
02/04/2013Reading of substitute waived
02/04/2013Committee substitute agreed to 13104808D-S1
02/04/2013Engrossed by Senate - committee substitute SB1074S1
02/04/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/04/2013Passed by for the day
02/05/2013Read third time and passed Senate (22-Y 18-N) (see vote tally)
02/11/2013Placed on Calendar
02/11/2013Read first time
02/11/2013Referred to Committee on Education
02/13/2013Impact statement from DPB (SB1074S1)
02/13/2013Reported from Education (17-Y 5-N) (see vote tally)
02/14/2013Read second time
02/15/2013Passed by for the day
02/18/2013Read third time
02/18/2013Motion to pass by Amendment offered by Delegate Toscano agreed to (68-Y 32-N)
02/18/2013VOTE: ADOPTION (68-Y 32-N) (see vote tally)
02/18/2013Passed House (73-Y 27-N)
02/18/2013VOTE: PASSAGE (73-Y 27-N) (see vote tally)
02/21/2013Enrolled
02/21/2013Bill text as passed Senate and House (SB1074ER)
02/21/2013Impact statement from DPB (SB1074ER)
02/21/2013Signed by President
02/21/2013Signed by Speaker
03/22/2013G Approved by Governor-Chapter 701 (effective 7/1/13)
03/22/2013G Acts of Assembly Chapter text (CHAP0701)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 19 minutes.

Comments

ACLU-VA Religious Liberty, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia opposes SB 1074 because it would prohibit universities from applying neutral, generally applicable rules when prohibiting discrimination in student recognized organizations. Colleges and universities should not be required to fund and lend their names to discriminatory acts. The First Amendment protects the right of student organizations to hold and advocate whatever ideas they choose. This bill is not about free expression, but about universities' right to refrain from sponsoring discriminatory conduct. Student organizations that wish to discriminate are free to do so -- but that does not mean that they should be entitled to government recognition and funding.
One of the primary goals of public universities should be to ensure that educational opportunities are available to all. The exclusion of minorities, women, and others from officially recognized and quasi-private student organizations has, for decades, served as a powerful vehicle for perpetuating such discrimination at colleges and universities across the country. Government resources should not be used to perpetuate this sort of inequality. Finally, this bill may require public colleges and universities to provide funding and other resources to organizations that discriminate based on sex, in violation of Title IX, and that discriminate based on race or national origin, in violation of Title VI.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill because it would prohibit universities from applying neutral, generally applicable rules when prohibiting discrimination in student recognized organizations. Colleges and universities should not be required to fund and lend their names to discriminatory acts. The First Amendment protects the right of student organizations to hold and advocate whatever ideas they choose. This bill is not about free expression, but about universities' right to refrain from sponsoring discriminatory conduct. Student organizations that wish to discriminate are free to do so -- but that does not mean that they should be entitled to government recognition and funding.
One of the primary goals of public universities should be to ensure that educational opportunities are available to all. The exclusion of minorities, women, and others from officially recognized and quasi-private student organizations has, for decades, served as a powerful vehicle for perpetuating such discrimination at colleges and universities across the country. Government resources should not be used to perpetuate this sort of inequality. Finally, this bill may require public colleges and universities to provide funding and other resources to organizations that discriminate based on sex, in violation of Title IX, and that discriminate based on race or national origin, in violation of Title VI.