Ask local college officials if they would attend a college sporting event knowing that one of the schools engaged in race bias and you can expect a resounding no. “That’s discrimination – unconscionable, politically incorrect, outlandish,” they might say.

And if you change the question to “sexual orientation” discrimination, you might get a similar response: “Isn’t that illegal? You mean colleges still discriminate on the basis of sexual orientation. A student can’t be openly gay?”

On many college campuses – especially those connected to a religious sect – the answer is no, it’s not illegal. Schools can reject them or expel them, just as they can African-American students. The Constitution protects their right to engage in private discrimination. It’s only when those private colleges ask the state for licensure, tax money, use of publicly financed facilities or lucrative business deals that the discrimination becomes an issue.

A few weeks ago, the California Supreme Court held that entities, like the city of Berkeley (and the city of San Diego) are well within their rights to refuse to offer subsidies to groups that fail to adhere to anti-bias laws, even laws against gay bias. The Boy Scouts (Sea Scouts) claimed its First Amendment “expressive association” rights were violated. Nope, said the court. So thank you, Boy Scouts of America. The Sea Scouts case now makes clear that state agencies can opt not to offer subsidies or do business with discriminatory groups.

Other courts have held that cities can also agree not to offer contracts or engage in business with entities that discriminate against gays and lesbians. Enforceable on Jan. 1, 2007, state agencies cannot do business with groups that don’t offer domestic partner benefits.

And now it’s time for state agencies, specifically the Regents of the University of California and the California State University Board of Trustees, to prohibit campuses from engaging in business – athletic competitions – with schools that discriminate on the basis of sexual orientation.

Perfect example: Schools like San Diego State University regularly play football and basketball games with the Air Force Academy. The Air Force Academy obviously discriminates on the basis of sexual orientation. Some also contend that, because of the school’s recent troubles with regard to sexual assaults and anti-Jewish bias, it engages in sex and religious discrimination. And there is no federal law that requires schools to play military academies.

San Diego State also regularly plays against Brigham Young University, as well as other schools that have explicit rules against students being openly gay.

Here’s what BYU says on its Web site: “The Church of Jesus Christ of Latter-day Saints and BYU affirm that sexual relationships outside the covenant of marriage are inappropriate. Examples include but are not limited to the following: extramarital relations, promiscuity or predatory behavior, aberrant behavior, solicitation of sex, homosexual conduct [and] cross-dressing. Any level of sexual or similar misconduct at BYU is significant and may lead to a separation from the university.

BYU has every right to have its code and enforce it. Of course, one wonders if “extramarital relations” also includes bigamy, but perhaps that is left vague for a variety of reasons.

There are a host of schools in California, led by Pepperdine University, that have anti-gay rules. And as I’ve written here about basketball games this past year, perhaps these anti-gay rules give students license to engage in anti-gay slurs and gay bashing at college basketball games.

These private colleges with their anti-gay policies can engage in discrimination and compete against each other. That’s fine. But once they seek federal or state dollars, then they don’t get tax dollars because there is a compelling interest to end bias against GLBTs. California law is very clear. GLBT students attending UC and CSU schools pay student fees to support athletics. State universities are hardly exempt from the state constitution or the state’s civil rights act. Using student (public) money to pay for competitions with schools that discriminate on the basis of sexual orientation perpetuates GLBT discrimination and stereotypes. It’s wrong, the same way it was wrong when schools like Bob Jones University flagrantly discriminated against African-Americans.