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The Atlanta Journal-Constitution
Published on: 05/01/08
A federal court judge dismissed some of the claims this week made by two Georgia Tech students who sued the school over free speech rights.
But the court's final ruling agreed that a Tech program that advocates tolerance of homosexuality should change its training manual.
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A lawsuit filed by Tech students Ruth Malhotra and Orit Sklar in federal court two years ago challenged Georgia Tech's restrictions on speech, its student activity fee policy and the discussion of religious views in Safe Space, a college program that advocates tolerance of homosexuality.
The suit, backed by a national Christian legal defense fund, has been winding its way through the legal system.
Malhotra, a conservative Christian, argued that a Safe Space training manual pushed a religious viewpoint, which violates constitutional law. The judge agreed.
Last August, Georgia Tech agreed to change portions of a speech policy for students living in on-campus housing. Lawyers argued the policy was vague and unconstitutional. Tech took out wording that prohibits students from any attempt to "injure, harm" or "malign" a person because of "race, religious belief, color, sexual/affectational orientation, national origin, disability, age or gender."
Lawyers for the Alliance Defense Fund applauded the judge's decision to remove the religious information from Safe Space's program manual.
"A public university should not be open to disparaging the beliefs of students who hold to a biblical view of homosexual behavior while endorsing other views," ADF Senior Counsel Nate Kellum said in a statement. "The university's 'Safe Space' program had no business siding with certain religious beliefs while viciously attacking others."
Malhotra and Sklar said they believed Tech's policies aimed at protecting students from intolerance end up, instead, discriminating against conservative students who speak out against homosexuality and feminism and other issues.
Georgia Tech officials said they are happy with the outcome of the case and do not plan to appeal
"Georgia Tech will not be required to take any actions as the result of today's court ruling," Georgia Tech spokesman James Fetig said in a statement. "We are pleased that the plaintiffs were awarded no damages, and that the judge ruled in favor of the Georgia Tech free speech zone policy and use of student activity fees.
"As a result of today's ruling and the settlement of an earlier housing policy contention, Georgia Tech practices are exactly the same as before the suit was filed."
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