Second, USA denied funding to GLBA based on
§ 16–1–28. The district court based this conclusion on three events. In the fall of 1992, GLBA requested funds to purchase posters publicizing “World AIDS Day” activities. Dean Adams refused to fund GLBA until he received an opinion from the Attorney General on
§ 16–1–28's application. In an effort to accommodate GLBA without violating
§ 16–1–28, Dean Adams instructed the SGA to buy the World AIDS Day posters. In the winter of 1993, GLBA requested funds to bring a guest speaker to campus. Dean Adams instructed the SGA to table the request because USA could not fund GLBA until it received an opinion from the Attorney General interpreting
§ 16–1–28. In the spring of 1993, GLBA again requested funds for a speaker. This time the SGA approved the request. However, Dean Adams refused to approve final payment of this money. In July 1993, the Attorney General issued a letter opinion stating that GLBA could not receive funds. The Attorney General's opinion did not specify how or why GLBA violated
§ 16–1–28. It is clear from the record that USA officials made efforts to accommodate GLBA without violating
§ 16–1–28. However, it is also clear that USA officials felt compelled, by virtue of
§ 16–1–28, to deny funding to GLBA on the three occasions mentioned above.