Indiana residents file suit
about controversial production
By Kurt Esposito
Assistant Campus Editor
As a result of a
controversial play being held on the Indiana University-Purdue University
Fort Wayne campus, Indiana residents filed a suit against the Purdue
Board of Trustees this summer.
Twenty-one state
lawmakers and 11 in Allen County filed a complaint July 5 against Indiana
University-Purdue University Fort Wayne and Purdue's Board of Trustees
in order to obtain an injunction to bar the gay-themed Terrence McNally
play "Corpus Christi" from being staged on IPFW's campus.
The plaintiffs allege
the play is blasphemous against Christianity and, therefore, should
not be staged with the assistance of taxpayer money because it would
violate the Establishment Clause of the First Amendment, which states
the government shall not endorse any one religion.
All six shows of
the controversial play — which ran from Aug. 10 through Saturday
— sold out.
The play features
a homosexual character, Joshua, whose life mirrors that of Jesus Christ.
He also has 12 homosexual disciples and it is suggested that he and
Judas have had sex.
In an Exponent interview
in July, Thomas Adler, professor of English, said the play is not intended
to be an attack on Christianity.
He said the play
is a warning to ensure murders such as the one of Matthew Shepard, the
college student who was killed because of his sexual preference, never
happen again.
In the preface to
the play, McNally wrote "…(the play) asks you to look at what they
did to Joshua; it asks that we look at what they did one cold October
night to a young man in Wyoming as well. Jesus Christ died again when
Matthew Shepard did. Look. Remember…And don't let it happen again."
In an Exponent interview
in July Rep. David Frizzell, R-93rd, one of the plaintiffs in the suit,
said he believes in freedom of speech but not when taxpayer money is
involved.
He said he would
have had no problem if the play were staged in a private setting.
The play took place
in a building paid for by state taxpayers, which is located on public
grounds also paid for by those funds. Taxpayer funds were also used
for the cost of utilities of the play.
Judge William Lee
ruled on July 20 that the production did not violate the clause because
the content in the play would not cause irreparable harm to the general
public.
In a press release
issued in response to the ruling, Joe Bennett, vice president of University
Relations, said, "We are pleased that the courts agreed with the University's
position."
The University had
earlier stated it would not stop production of the play because it would
interfere with the senior project of the play's student director.
He said IPFW has
always been neutral to the viewpoints expressed in the play.
Lee also dismissed
all but three of the plaintiffs because it could not prove the play
had affected any of their lives. All three remaining plaintiffs are
Allen County residents.
An appeal to the
7th Circuit Court of Appeals in Chicago again ruled in favor of the
defendants. The court based its decision on the fact that the play is
part of the University's educational mission, the use of the theater
space does not imply endorsement by the University, IPFW has never endorsed
the play and there is no evidence IPFW has been hostile to Christianity.
In a press release,
IPFW chancellor Michael Wartell said IPFW is pleased with the decision
of the court.
He said, "We recognize
that this issue may have caused many in our community a great deal of
pain, and we truly regret that. It is, therefore, our hope that those
who may have been hurt by our defense of academic freedom and freedom
of expression … will come to understand our position..."
The playbill contained
a disclaimer and pamphlets expressing counter viewpoints of the play
were distributed by the Catholic League for Religious and Civil Rights.
The league has stated
it is against the viewpoints expressed in the play but feels the play
should go on because it is a form of free speech.
Protests were anticipated
outside the venue and special areas were roped off for protestors, though
no incidents have been reported. There are still scheduled performances
for this weekend
IPFW held an open
forum Tuesday where the play was discussed by representatives of both
sides of the issue.
John Price, attorney
for the plaintiffs, said the plaintiffs plan to continue the appeals
process. Even if the play has already been staged, the plaintiffs can
still seek to set a precedent on the issue.
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