Indiana State spars with LGBTQ+ group over work-study ouster

The Pride Center, a small nonprofit located near Indiana State University, argued the college violated the First Amendment when it terminated the center's participation in its work-study program.CHICAGO (CN) — An LGBTQ+ nonprofit told the Seventh Circuit that Indiana State University violated its First Amendment rights when it was terminated from the college’s work-study program.The Pride Center of Terre Haute Inc., a small nonprofit located in central Indiana, began employing Indiana State University students in 2022 as part of the school’s work-study program. The public university — which is also situated in Terre Haute, Indiana — severed its work-study relationship with the Pride Center last year, prompting a lawsuit from the LGBTQ+ nonprofit. Although a lower court dismissed the suit in March, the Pride Center swiftly appealed.The job descriptions for Pride Center’s work-study positions say a successful applicant must be “affirming” of LGBTQ+ people and “culturally responsive,” which Indiana State pointed to in defense of terminating the part-time jobs for students with financial need. The university also cited a U.S. Department of Justice memo with best practices for avoiding “preferential treatment” that could violate federal law, according to the plaintiff in an [appellant brief.](http://appellant’s brief)Kenneth Falk, an attorney and legal director with the Indiana ACLU, maintained before the Seventh Circuit panel Thursday morning that Indiana State wrongfully dissolved the Pride Center’s work-study participation because of its viewpoints.“The Pride Center has been terminated because ISU believes it has a DEI focus, because of the viewpoint, it wants its employees to have impart,” Falk said, referring to the acronym for diversity, equity and inclusion. “And additionally, there’s an association problem here as well. The issue is denying the Pride Center the ability to associate with employees of their choice.”U.S. Circuit Judge John Z. Lee, a Barack Obama appointee, pressed Falk further on how exactly the university was imposing its viewpoint when it is not requiring or restricting the Pride Center’s activities.“Well, the problem, of course, your honors, no matter what activities the Pride Center would engage in with these employees, ISU attempted to control the message that is being delivered,” Falk responded.Christopher Bayh, an attorney on behalf of Indiana State, argued that the university’s termination of the program is clearly within the well-developed case law of the federal appeals court and the Supreme Court on subsidies. The Supreme Court has recognized the government can selectively fund a program to encourage certain activities that it believes to be in the public interest without running afoul of the Constitution, he noted.U.S. Circuit Judge Kenneth Ripple pressed Bayh further on what sort of conditions are appropriate in making funding decisions.“It does need to use a neutral criterion, though, doesn’t it?” the Ronald Reagan appointee asked.Bayh said proving viewpoint discrimination requires a significant showing that the government entity is deliberately trying to suppress speech.“It’s not just that it’s favoring some over the other — otherwise, every subsidy issue, every condition on a dollar spent, every decision to fund x instead of y would be a First Amendment problem,” he said. “Of course it isn’t. The case law shows very clearly — Regan, Rust, Iserta, Walker, Camelot — they all show that you have to show that the government is trying to suppress the speech — to take quotations of Regan — ’to aim at the suppression of favorite ideas, whether the action is designed to discourage the expression.'”U.S. Circuit Judge Candace Jackson-Akiwumi, a Joe Biden appointee, joined Ripple and Lee on the panel. The judges did not indicate when they might rule on the matter.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads