Dist. Ct. did not err in granting defendants’ motion to dismiss for failure to state valid cause of action in plaintiffs-religious institutions of higher education’s section 1983 action alleging that three Illinois statutes (Academic Degree Act, Private College Act, and Private Business and Vocational School Act), that mandate that defendant-state agency review said colleges’ operations, programs, faculty and facilities before issuing certificate that would allow said colleges to issue bachelor, masters or doctorate degrees, violated their First Amendment and equal protection rights. Plaintiffs could not establish any violation of Establishment Clause arising out of any alleged state entanglement with their religious operations, since they had not first sought certification of approval under said statutes. Also, plaintiffs’ claim that said statutes impinged on their free exercise of religion was without merit since said statutes are neutral laws of general application that apply to both secular and religion institutions. Too, Ct. observed that plaintiffs could not operate without any State oversight while issuing whatever degrees they deemed appropriate. Moreover, plaintiffs could not state viable equal protection claim, even though statutes did not apply to older institutions, since, in absence of discrimination, govt. can include grandfather clause in legislation without violating notions of equal protection.
Federal 7th Circuit Court
Civil Court
First Amendment