Updated 5:09 p.m.
The N.C. Supreme Court on Thursday agreed to delay enforcement of a lower-court ruling that said Davidson College’s campus police cannot enforce state laws because it is a religious institution. The court issued the order within hours of a request for a stay by the state attorney general’s office. The attorney general on Thursday also asked the state’s top court to accept an appeal of last week’s ruling.

The state attorney general’s office filed the papers on Thursday in response to an Aug. 17 ruling by the N.C. Court of Appeals in a case known as North Carolina vs. Yencer. The state says the ruling would “have the effect of disabling Davidson College’s campus police from exercising the powers of sworn law enforcement officers, thereby disrupting their ability to ensure public safety and provide prompt emergency response on campus.”

The attorney general’s request for the stay says the ruling “creates a substantial problem” for the college, given that classes have already begun and athletic and other events are now beginning on campus.

With the lower-court ruling now on hold, the Supreme Court will consider whether to accept the state’s appeal. It wasn’t clear Thursday when a decision might come.

The case stemmed from a January 2006 traffic stop by a campus police officer on a road near campus. The defendant, who was charged with driving while intoxicated and reckless driving, initially pleaded guilty. But in August 2008, she appealed, arguing that campus police lacked the authority to arrest her.

The appeals court cited precedents involving two other colleges as well as the First Amendment to the U.S. Constitution in ruling against the state. The ruling also said the N.C. Attorney General’s office erred in certifying the department for law enforcement because of its religious affiliation.

QUESTIONS ABOUT POWERS

The appeals court ruling raised questions on and off campus about the authorities of the college’s police officers. A college spokeswoman said last week that state officials had assured the college the ruling would have no immediate effect on the department.

She said police officers are still on the job, “to ensure that our campus is safe and secure for our students and for the rest of our community.”

Davidson currently has 8 permanent full-time officers, as well as 17 temporary officers on call for big events. It has had responsibility for on-campus security since 1978, when the town of Davidson and college stopped sharing a police department, Davidson spokeswoman Stacey Schmeidel said last week.

All of Davidson’s officers are commissioned by the state Attorney General. But the appeals court said the attorney general erred in certifying the campus police, because Davidson is a religious school, at least as defined in previous court rulings.

RELIGIOUS AFFILIATION

Davidson is affiliated with the Presbyterian Church of the USA, and 24 its 45 trustees are confirmed by presbyteries. But it does not educate clergy or impose religious requirements on students or faculty.

While the appeals court ruling was unanimous, the court appeared to leave the door open for an appeal. At the end of its ruling, the court said: “There is evidence on the record to show that Davidson College is not a religious institution” as defined in the law. The court said it would urge the Supreme Court to review the case.

It’s that uncertainty about the college’s religious affiliation that appears to be the basis for the attorney general’s appeal. In its notice of appeal filed Thursday, the state cited evidence from prior court proceedings that the college’s religious affiliation is voluntary and does not affect academic freedom.

“The PCUSA has no role in the curriculum, the hiring or firing of employees or the judicial process,” the state says. The Presbyterian church also does not own the college or its property.

PREVIOUS COVERAGE

Aug. 19, 2010, “A.G. to petition for appeal of campus police ruling.”

Aug. 17, 2010, “Appeals court rules against college in police case.”

CLARIFICATION: This article was updated 8/28/10 with the following: Davidson College trustee are appointed by the college. Presbyteries confirm some of the trustees, but do not appoint them.