Sunday, April 08, 2007

Preliminary Injunction Against U. Wisconsin Clarified

[Revised] A Wisconsin federal district court has clarified a preliminary injunction that it originally issued on March 9 . The injunction was intended to prevent the University of Wisconsin- Madison from enforcing its non-discrimination policy against the Roman Catholic Foundation in a way that would have prevented its campus chapter from limiting membership to Catholics. However the original order might have been read more broadly than that. So in University of Wisconsin- Madison Roman Catholic Foundation v. Walsh, 2007 U.S. Dist. LEXIS 25670 (WD WI, April 4, 2007), the court issued a new order apparently intended to enjoin enforcement of the Board of Regents' Non-Discrimination Resolution only insofar as it forces inclusion of non-Catholic members in the Foundation. The court also held that it is irrelevant that the Foundation might voluntarily allow non-Catholics to become members since the court's order is concerned with preventing the University forcing non-Catholic members on the group.