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Gays challenge school's fundingTarget University of Cumberlands projectBy Jack Brammer and Ryan Alessi, The Herald-Leader (Lexington, Kentucky), April 13, 2006 FRANKFORT - Questions and fallout from the University of the Cumberlands' decision to expel a gay student landed on the governor's desk yesterday as he began reviewing the state's budget bill, which includes $11 million for the private Southern Baptist college in Williamsburg. The Kentucky Fairness Alliance yesterday presented Gov. Ernie Fletcher's office with nearly 400 letters from Kentuckians, calling on him to veto sections of the budget that would provide the school with $10 million in public funds for a pharmacy school building and $1 million for a scholarship fund. The university last week dismissed Jason Johnson, 20, a sophomore theater arts major from Lexington, after he declared on a Web site that he was gay. The action prompted the ire of the fairness alliance, a group that promotes gay rights. Fletcher's chief spokesman left open the possibility of the governor using his line-item veto power to drop that money for the university, but noted that the governor was reluctant to get into the middle of an issue involving a private college. Christina Gilgor, the fairness alliance's executive director, said that, if Fletcher does not take out the public dollars for the school, he should press for administrative regulations requiring equal opportunity practices at all institutions receiving state funds. The school should receive no state funding, even money for scholarships or tuition, she said in a news conference at the Capitol. "The Commonwealth of Kentucky has no business financially rewarding discrimination," Gilgor said. "Lesbian, gay, bisexual, transgender and allied Kentuckians pay taxes to this state. We're appalled that our dollars will subsidize prejudice against us." Legal action might be necessary "if the discrimination continues," Gilgor said. Fletcher, in a statement, said: "My administration does not condone discrimination of any kind. I was elected to defend the constitution as well as move Kentucky forward for every resident of the commonwealth. I will stand behind my oath to continue to do so." His communications director, Brett Hall, later said: "We're not going to insinuate ourselves into a situation that is between the school and the student and his family." He added that the school also could have problems with the organization that accredits new and existing pharmacy schools. The Accreditation Council for Pharmacy Education's guildelines prohibit discrimination on the basis of lifestyle or sexual orientation. "We would prefer to let them take care of themselves," Hall said of the university. Overall, Fletcher has not decided whether he will use his line-item veto power on any portion of the $18.1 billion, two-year spending plan. Fletcher has the power to line-item veto parts of the budget without any legislative oversight to override vetoes because the House and Senate did not give final passage on a budget until Monday. He has 10 days to consider approved bills. Lawmakers ended the 2006 General Assembly yesterday because the state Constitution forbids them to meet more than 60 days in a regular session. Two House Democratic leaders, Reps. Rocky Adkins of Sandy Hook and Larry Clark of Louisville, said yesterday that a veto is "the governor's prerogative" and wouldn't comment further on the University of the Cumberlands situation. Meanwhile, attorneys for Jason Johnson and the university said negotiations continued in a dispute over the student's transcript. When Johnson was dismissed, the university gave him a failing grade of "F" in all courses he took this semester, which is about three weeks from conclusion. Johnson's attorney, Don Waggener of Lexington, contends that Johnson's transcript should accurately reflect what he was making in the courses. Waggener said the grades were consistent with Johnson's record as a dean's list student. Johnson issued a statement through the Gay and Lesbian Alliance Against Defamation that said in part: "What is most essential to me right now is ensuring that my academic record is safe and secure." The transcript is important in Johnson's plans to transfer. He has said he will enroll at either the University of Kentucky or Eastern Kentucky University. The University of the Cumberlands' attorney, Jamie Jordan of Nashville, said "we're still hopeful we'll be able to reach an agreement." Both Waggener and Jordan said they could not discuss specifics. As for the veto debate, Martin Cothran, senior policy analyst for The Family Foundation, said his group is not overly excited about the state's spending on so many new buildings, but that Fletcher should not remove the funding for the University of the Cumberlands. The Williamsburg school has a policy that specifically restricts students from the practice or promotion of homosexuality, Cothran said. "If students don't want to abide by the college's standards, then they are free to attend another college," he said. "In fact, we wonder why a gay student would want to attend a conservative Baptist college in the first place. It is no big secret what the views of conservative Baptists are about homosexuality. "This couldn't possibly have come as a surprise for the student involved. He knew what the college's view was when he was admitted." Cothran said the U.S. military has "a similar behavior code." "Under the military's 'Don't ask, don't tell' policy, gays are barred from the same thing. How can we then say we're going to cut off funding for any group that has a behavior code that bars homosexuality? Are we going to cut off funds for the military?" Senate President David Williams, R-Burkesville, successfully pushed for the $11 million in coal-severance tax proceeds for the University of the Cumberlands. Asked about the state budget funding for the school, Williams said no one will be compelled to go to the pharmacy school and that he thinks it will meet all accreditation standards. He noted that state money currently is going to the osteopathic medical college in Pikeville for scholarships. "State money goes to all private institutions in this state through the Kentucky tuition grant program and KEES scholarship program," he said, adding the new budget "is full of funding for non-profit organizations that do public good." 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