Appeals court

The Seventh U.S Circuit Court of Appeals decided Tuesday not to rehear a lawsuit against the University of Wisconsin system's student service fees -- a case similar to one pending at the University of Minnesota.

A three-judge panel from the court originally upheld a decision in August that students at the University of Wisconsin-Madison campus cannot be forced to fund groups that engage in political and ideological activities.

University of Wisconsin Legal Counsel Patricia Brady said the university wanted to have the case heard in front of the full seven-judge court, but was denied.

A unanimous panel was needed to rehear the case, but three judges voted against it; two filed formal written explanations of their dissension.

In her dissension, Judge Ilana Diamond Rovner said voting for a rehearing would go against precedents set in similar cases.

"Its effect is to impede the ability of public universities to fund student groups that represent a wide range of viewpoints," Rovner stated.

She concluded her opinion by saying that activities fees are available to many different groups, and that the groups who do get money do not have a monopoly on the fees.

Brady said the University of Wisconsin can now appeal only to the Supreme Court, but has not made a decision whether they will.

Pat Logue, attorney for the Lambda Legal Defense Fund, said the decision will have little bearing on the University of Minnesota's case.

"It has the exact same set of facts," Logue said. "But can only be argued as a precedent."

Logue represents the La Raza Center, the Queer Student Cultural Center and University YW, who want to join the suit on the side of the University.