Last fall, by a 2-1 vote, the 7th Circuit ruled that a policy of the University of Wisconsin, withholding funds for religious activity while funding other similar but nonreligious activity, is unconstitutional. As I summed it up at the time:
The majority opinion written by Judge Easterbrook emphasizes the school's decision to distribute funds as a public forum without regard for the content or viewpoint of the organization or activity being funded. With such an open policy, the court argues, Wisconsin may not deny religious activity, even if its purpose is to avoid violating the separation of church and state.
Today, the Supreme Court declined to hear the appeal (pdf), leaving the ruling in place.
