Student organizations; religious or political organizations may determine core functions, etc. (HB1617)
Introduced By
Del. Todd Gilbert (R-Woodstock) with support from co-patrons Del. Mark Cole (R-Fredericksburg), Del. Bob Marshall (R-Manassas), Del. Chris Peace (R-Mechanicsville), and Del. Tony Wilt (R-Harrisonburg)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Higher education; student organizations. Prohibits public institutions of higher education that grant recognition of and access to any student organization or group from discriminating against a student organization or group on the basis of the religious, political, philosophical, or other content of the organization or group's speech. The bill authorizes religious or political student organizations or groups to determine that 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 from denying recognition or any privilege or benefit to any religious or political student organization or group that limits its core functions to persons committed to its mission. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/06/2013 | Committee |
01/06/2013 | Prefiled and ordered printed; offered 01/09/13 13101946D |
01/06/2013 | Referred to Committee on Education |
01/11/2013 | Assigned Education sub: Higher Education and Arts |
01/15/2013 | Impact statement from DPB (HB1617) |
01/22/2013 | Subcommittee recommends reporting with amendment(s) (7-Y 0-N) |
01/28/2013 | Reported from Education with substitute (19-Y 2-N) (see vote tally) |
01/28/2013 | Committee substitute printed 13103902D-H1 |
01/29/2013 | Read first time |
01/30/2013 | Read second time |
01/30/2013 | Committee substitute agreed to 13103902D-H1 |
01/30/2013 | Passed by temporarily |
01/30/2013 | Motion to pass by Amendment offered by Delegate Morrissey agreed to |
01/30/2013 | Engrossed by House - committee substitute HB1617H1 |
01/30/2013 | Impact statement from DPB (HB1617H1) |
01/31/2013 | Read third time and passed House (80-Y 19-N) |
01/31/2013 | VOTE: PASSAGE (80-Y 19-N) (see vote tally) |
02/01/2013 | Constitutional reading dispensed |
02/01/2013 | Referred to Committee on Education and Health |
02/07/2013 | Reported from Education and Health (7-Y 4-N) (see vote tally) |
02/08/2013 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/11/2013 | Read third time |
02/11/2013 | Passed Senate (21-Y 18-N) (see vote tally) |
02/14/2013 | Enrolled |
02/14/2013 | Bill text as passed House and Senate (HB1617ER) |
02/14/2013 | Impact statement from DPB (HB1617ER) |
02/14/2013 | Signed by Speaker |
02/14/2013 | Signed by President |
03/22/2013 | G Approved by Governor-Chapter 696 (effective 7/1/13) |
03/22/2013 | G Acts of Assembly Chapter text (CHAP0696) |
Comments
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.
Virginia ACLU opposes this legislation that would require public colleges and universities to recognize and fund student organizations that discriminate in membership practices based on "political" or "religious" beliefs.
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.