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ACLU sues ISU over defunding Pride Center student employees

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The American Civil Liberties Union launched a lawsuit against Indiana State University, claiming a First Amendment violation over defunding student employee positions at the Pride Center of Terre Haute.

The American Civil Liberties Union has sued Indiana State University, claiming a First Amendment violation for the school’s halt to funding work-study student employees at the Pride Center of Terre Haute.

According to a complaint filed in U.S. District Court Monday, the university had paid students to work at the Pride Center since 2022. Four students were employed by the center in August before ISU decided to cut funding for their positions.

The university said it stopped the funding because of the U.S. Department of Justice’s guidance to avoid supporting positions or programs “that allocate benefits or roles based on protected characteristics, including sexual orientation or gender identity.”

But Ian Braly, board secretary of the Pride Center, said it’s dedicated to making Wabash Valley inclusive for everyone.

“As part of that, we offer services and support for people from all walks of life,” Braly said. “These services are vital to the Terre Haute area — as are the student workers who help us provide them. Those who rely on us need our support now more than ever, and we just want to continue our mission to serve the community."

The ACLU asked a federal judge to order ISU to fund the student positions and to set a hearing as early as possible.

University spokespeople did not respond to requests for comment.

ISU had paid the student employees through the Sycamore Community Work Program and work-study programs. The center, which has limited staffing and a small budget, partially reimbursed ISU for the students’ wages, the complaint said.

Carrie Lutz, ISU executive director of career services, told the center the decision was made in consultation with the university’s legal counsel “based on their interpretation of the Department of Justice memo.”

U.S. Attorney General Pamela Bondi has threatened legal action against colleges and universities which continue diversity, equity and inclusion programs, calling them illegal discrimination. Memos issued by the Justice Department are non-binding.

But Ken Falk, legal director, ACLU of Indiana, said the decision to stop funding violates the U.S. Constitution. He said ISU decided to defund the student positions because of the Pride Center’s support and advocacy for the LBGT+ community.

“Given the fact that the Pride Center does not discriminate, there is no justification for ISU’s actions,” Faulk said.

The Pride Center’s services are open to all people, and it follows federal and state anti-discrimination laws, the ACLU wrote in the complaint. The center does not seek information on a patron’s sexual orientation or gender identity, the complaint continued.

“Students are hired to work in the Pride Center without regard to their gender identity or sexual orientation, although they must be supportive, welcoming, understanding and respectful of LGBTQ+ individuals,” the complaint said. “The Pride Center expects the student employees to be similarly affirming and culturally responsive to all persons who come to the Center.”

This is the second time the ACLU has represented the Pride Center in a lawsuit against ISU. The center attempted to hold its annual Pride Fest on campus, but the university would not host the LGBTQ+-centered festival.

Aubrey Wright is a multimedia Report For America corps member covering higher education for Indiana Public Media. As a Report For America journalist, her coverage focuses on equity in post-high school education in Indiana. Aubrey is from central Ohio, and she graduated from Ohio State University with a degree in Journalism.
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