The University uses the phrases “sectarian religious instruction” and “inculcation of
belief in a particular religious faith” interchangeably. I will use the former phrase.
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WISCONSIN
ROMAN CATHOLIC FOUNDATION,UW-MADISON, INC., et al.Plaintiffs,v.Case No. 07-C-0505The Regents of the University of Wisconsin System, DAVID G. WALSH,et al.,Defendants.DECISION AND ORDER
Plaintiff Roman Catholic Foundation, UW-Madison, Inc. (“RCF”) and two of itsstudent members, Elizabeth A. Planton and Elizabeth A. Czarnecki, bring this actionagainst the Regents of the University of Wisconsin and various University officials under 42 U.S.C. § 1983. Plaintiffs challenge the constitutionality of the University’s refusal to fundcertain activities out of the University of Wisconsin-Madison’s segregated fee account,which funds a variety of student activities. Plaintiffs argue that the University’s refusal tofund activities involving “worship,” “proselytizing” or “sectarian religious instruction”
constitutes viewpoint discrimination in violation of the First Amendment. The Universitycontends that the First Amendment’s Establishment Clause required it to refuse to fundsuch activities. In January 2008, Judge Shabaz preliminarily enjoined the University “fromenforcing any policy that prohibits or prevents plaintiffs from applying for or obtaining
Case: 3:07-cv-00505-lsa Document #: 159 Filed: 09/24/2008 Page 1 of 36