University Drops Request To Dismiss Lawsuit

FRANKFORT, Ky. (AP) - A Baptist university has withdrawn a
request for dismissal of a lawsuit that seeks to stop the state
from funding its pharmacy school.
Attorney Mark Overstreet, who represents the University of the
Cumberlands in southeastern Kentucky, said the motion was withdrawn
because it would have left unresolved the larger issue of whether
the state can fund religious schools.
The lawsuit was filed in April, arguing that the $10 million
state appropriation for the school and $1 million for pharmacy
scholarships is illegal under Kentucky's constitution. The action
came shortly after the university expelled a gay student who posted
details of his dating life on a Web site.
Overstreet and Louisville attorney David Tachau, who represents
the plaintiffs in the case, said they're planning to ask a judge
for summary judgment later this year or early next year.
The Williamsburg school is located in Republican Senate
President David Williams' district, and he has been an advocate for
funding the program.
The case is pending in Franklin County Circuit Court.

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