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

Bill Has Passed

History

DateAction
01/06/2013Committee
01/06/2013Prefiled and ordered printed; offered 01/09/13 13101946D
01/06/2013Referred to Committee on Education
01/11/2013Assigned Education sub: Higher Education and Arts
01/15/2013Impact statement from DPB (HB1617)
01/22/2013Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
01/28/2013Reported from Education with substitute (19-Y 2-N) (see vote tally)
01/28/2013Committee substitute printed 13103902D-H1
01/29/2013Read first time
01/30/2013Read second time
01/30/2013Committee substitute agreed to 13103902D-H1
01/30/2013Passed by temporarily
01/30/2013Motion to pass by Amendment offered by Delegate Morrissey agreed to
01/30/2013Engrossed by House - committee substitute HB1617H1
01/30/2013Impact statement from DPB (HB1617H1)
01/31/2013Read third time and passed House (80-Y 19-N)
01/31/2013VOTE: PASSAGE (80-Y 19-N) (see vote tally)
02/01/2013Constitutional reading dispensed
02/01/2013Referred to Committee on Education and Health
02/07/2013Reported from Education and Health (7-Y 4-N) (see vote tally)
02/08/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2013Read third time
02/11/2013Passed Senate (21-Y 18-N) (see vote tally)
02/14/2013Enrolled
02/14/2013Bill text as passed House and Senate (HB1617ER)
02/14/2013Impact statement from DPB (HB1617ER)
02/14/2013Signed by Speaker
02/14/2013Signed by President
03/22/2013G Approved by Governor-Chapter 696 (effective 7/1/13)
03/22/2013G Acts of Assembly Chapter text (CHAP0696)

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 16 minutes.

Comments

ACLU-VA Religious Liberty, 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.

ACLU-VA LGBT Rights, tracking this bill in Photosynthesis, notes:

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.

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.