*law nerd alert*
Actually, just making something private doesn't automatically keep it from being challengeable under the law. If something is traditionallly done by the gov't and they stop doing it and it gets relegated to the private sector, it can be challenged b/c they are just trying to bypass law.
It happened with the JayBird party in Texas where they privatized the nominating of political party candidates in order to keep blacks from nominating black politicians and guess what, the Supreme Court struck it down. Now if this is truly a private party, it wouldn't be organized through the school. If you open your doors to the public, you can't all of a sudden say "essept yu cuz yu blak". This would be a case I'd LOVE to see argued b/c it walks that line of private and traditional public function. Then again, I wouldn't want it argued in front of the current Justices.
