Tipton ex rel. Maranatha Campus Ministries v. University of Hawaii

Plaintiffs Greg Tipton (representing Mara-natha Campus Ministries of Hawaii) and certain University of Hawaii students (collectively, “Tipton”) appeal the district court’s grant of summary judgment in favor of defendants. Tipton sued the university, members of its Board of Regents, the office of the Hawaiian Attorney General (collectively, “University”), and the American Civil Liberties Union of Hawaii (“ACLU”) after defendants agreed among themselves to withdraw funding of certain activities of student religious organizations. The district court rejected Tipton’s constitutional claims. We affirm.

I.

The Associated Students of the University of Hawaii at Manoa (“ASUH”) is a student government organization which maintains a funding program for University Registered Organizations (“UROs”). ASUH is allotted money for distribution to UROs from the University of Hawaii Student Activities Revolving Fund. The Revolving Fund exists pursuant to statute, see Haw.Rev.Stat. § 304-8.6, and collects compulsory activity fees from students.

To receive funding from ASUH, UROs must submit an application. In allocating limited funds among URO applicants, ASUH will consider the…