Skip to comments.Court: Religious N.C. College Can't Have Police
Posted on 08/19/2010 4:59:34 PM PDT by nmh
RALEIGH, N.C. A prestigious North Carolina private college cannot have police officers with the power to arrest suspects and enforce state law because the school is a religious institution, the state Court of Appeals ruled Tuesday.
Allowing the school's security officers to carry out laws on behalf of the state violates the U.S. Constitution's prohibition against laws establishing religion by creating "an excessive government entanglement with religion," Judge Jim Wynn wrote in the unanimous opinion.
(Excerpt) Read more at foxnews.com ...
The police power "is an unconstitutional delegation of 'an important discretionary governmental power' to a religious institution in the context of the First Amendment," Wynn wrote before he left the state bench to join the 4th U.S. Circuit Court of Appeals last week.
The unanimous ruling means there's no automatic appeal to the state Supreme Court. If an appeal is sought, judges Donna Stroud and Cheri Beasley urged the Supreme Court to consider the case to clarify whether a college or university with a religious affiliation should be allowed to receive the delegated authority if it doesn't seek to impose beliefs or indoctrinate students.
(Is this Bob Jones University that they are talking about?)
So no faith based college in america, including Notre Dame, Marquette, tec, can have campus police?
That’s fine, just let all the students carry and conceal.
@uhhhhh It’s fun to watch Christians persecuted for once instead of the other way around.+++++evidently you have no clue what a rear Christan is and the attitude one is suppose to carry toward others that claims to be of the faith,any person or persons that would accept persecution of any individual regardless of the reason is morally bankrupt. Basically what these judges have done is left the school wide open to the criminal element.
Thursday, August 19, 2010 at 4:12 PM
Even the nasty LEFT gets it!
Bob Jones is in South Carolina, not NC. It’s Davidson College.
So basically instead of arresting an offender and taking them to the local lockup, they have to detain them at the university, call a local police officer and have him pick up the perp and drive him to the lock up?
Davidson College is a private liberal arts college in Davidson, North Carolina. The college has graduated 23 Rhodes Scholars and is consistently ranked in the top ten liberal arts colleges in the country by U.S. News and World Report magazine.
Both the town and college were named after Brigadier General William Lee Davidson, a Revolutionary War commander. The land for the college came from General Davidson’s estate, a large portion of which was donated by his son. The college was established by Presbyterians in 1837 and maintains a loose affiliation with that denomination. According to its Statement of Purpose, “the ties that bind the college to its Presbyterian heritage . . . have remained close and strong” but the dedication of the college “extends beyond the Christian community to the whole of humanity and necessarily includes openness to and respect for the worlds various religious traditions.” Majors are offered in over twenty fields, as are several minors and self-designed interdisciplinary options.
According to The Princeton Review, Davidson is ranked among the top twenty colleges nationally for the following categories:
“Best Overall Academic Experience For Undergraduates,”
“Professors Get High Marks (#1),”
“Professors Make Themselves Accessible (#16),”
“Students Study the Most(#10),”
“School Runs Like Butter (#4),
” “Town-Gown Relations are Great (#3),”
“Easiest Campus to Get Around (#3),” and
“Best Quality of Life (#16).” 
It’s no wonder the LEFT want them unprotected.
So, THIS is how the government will be attempting to crush private colleges: forbid defense against illegality.
Gee, what parent wouldn’t want to send a child to such a place?
GIVE ME A BREAK!!!
People pay inflated taxes to the police - they have a right to the service.
That’s the idea!
Hang the kids out to dry with NO PROTECION and criminals will take care of it.
“Thats fine, just let all the students carry and conceal.”
Perfect solution. The school can offer a target range and hold training classes for newbies. They’re enrollment would boom with the publicity.
oops - didn’t read the whole article - sorry.
GIVE ME A BREAK!!!
People pay inflated taxes to the police - they have a right to the service.
BUt it appears that YOUR taxes will ONLY protect kids at SECULAR schools.
BJU is in South Carolina.
A NC state lawmaker should start impeachment proceedings for these three judges. They obviously either a) are completely ignorant of what the First Amendment means or b) have no desire to uphold their oath of office. Either way, they have to go.
Our government is shuttling around a Muslim in Europe and WE PAY FOR IT. Yet, a private religious school doesn't have the right to protect itself.
This is a serious and perhaps ignorant question for me to pose, but what prevents ordinary citizens from detaining a suspect, placing charges against the suspect, convening a Grand Jury, arraigning the suspect, gathering evidence, calling witnesses, holding a trial, and imposing a sentence? (Assume all participants slept at a Holiday Inn the pervious night)
Huh...? The courts are mad.
First off, this is a state court decision, so it only applies in NC.
Second, NC is one of the few states that still permits private police forces with arrest powers. Religious and other private schools in other states generally cannot have their own police forces as is.
Outside of public universities “campus police” are no more actual police than mall cops are.
A religious college should be granted exactly the same powers with regard to campus law enforcement as a public or private secular school. To do anything else is to discriminate on the basis of religion.
Good outcome, bad reason. Colleges need security, but need not to be cops upholding the onerous, niggardly and overabundant laws of our modern times. Watchmen, protectors and first responders are all that is needed. Those roles do not mesh well with much of the modern ‘cops’ ethos.
“To do anything else is to discriminate on the basis of religion.”
I’ll play devils advocate. I contend that no institution should have police powers if they are not controlled by elected representatives.
IOW these judges flunked constitutional law and could not practice law in the real world.
LeTourneau University in Longview, TX has campus police that are sworn police officers, carry firearms, and have the power to arrest. LeTourneau University is an unapologetic evangelical Christian college. This year again it is ranked highly in U.S. News and World Report as one of America’s best universities.
Of course, here in Texas, we probably have a little different attitude toward guns and justice.
oh... i see. so you just need a badge or a title and you are good to go? hmm?
The amount of arms at their disposal. They will need more than the state and the will to use them.
Davidson College is also the alma mater of our late friend Tony Snow.
Congrats on your ablilty to interpret that. I had to read it several times before I understood your agreement with the poster (which obviously forget its helmet). No wonder they call them liberal arts colleges.
“Davidson College is also the alma mater of our late friend Tony Snow.”
I didn’t know that.
I miss him.
He was a treasure.
Ill play devils advocate. I contend that no institution should have police powers if they are not controlled by elected representatives.
I suppose that’s fair enough if they are also not subject to the laws those representatives pass, nor taxation. All these bizarre considerations are a product of overreach on the establishment clause. Policing colleges is hardly a step toward establishing a state religion and a good example of what happens when judges stray from original intent and start splitting hairs to promote their own vision of society.
Don't spout indefensible stupidity neither you nor anyone who looks at it can defend
Roe V Wade was not testing a new happenstance that had never come up in American jurisprudence before. And it overturned a century of precedence.
Thank you for playing.
“....he left the state bench to join the 4th U.S. Circuit Court of Appeals last week.”
Doesn’t that say it all right there? The 4th Circuit, FReepers should know, is the one that reversed the jury decision in Maryland against Westboro Baptist Church and the Phelps family.
You are SHARP!
Thanks for reminding us.
Campus cops in Georgia, public or private, have the same powers as those in the locality of the campus; they have the same training and certification requirements.
That's going to be the key question on appeal. Colleges with a religious affiliation clearly serve a secular purpose -- they receive scholarship and grant money from federal and state governments, not to mention research grants. In fact, as long as it suits that secular purpose, it is unconstitutional to treat the school differently solely because of its religious affiliation.
You must have learned to read from the Evelyn Woodhead sped redding course on Saturday night live, a source that also exhibits your entree capacity for logical thought perfectly.
Unlike you personally, and the poster I was addressing, I gave a specific, concrete example to back my point up. You and he lack the mental capacity to take a look at that specific example and try to refute it. There is every likelihood from your post that you are even capable of understanding the need to refute an argument and dissect an example instead of ignoring one.
Seriously, the fact that you're allowed to vote while being this ignorant is depressing.
Funny you should attempt to bring up ignorance. Certainly one of us is. Let's examine who that would be. The example I gave in the post you responded to was Roe V Wade. Did that overturn a century of judicial precedent as I asserted? What about Kelo V. New London? How about every other piece of judicial activism we have seen in the last 80 years? Were none of those issues things that had been ruled on another way before?
Or are you too stupid to read?