Christian Fraternity sues UGA

[Drolefille]

Beta Upsilon Chi suing UGA

Christian fraternity sues UGA

By BY ANDREA JONES
The Atlanta Journal-Constitution
Published on: 12/07/06

A Christian fraternity filed a federal civil rights lawsuit against the University of Georgia and the Board of Regents Wednesday, claiming UGA refuses to recognize the organization because it requires all its members and officers to be Christians.

To register as a student group, a student organization has to fill out a form stating "membership and all privileges, including voting and officer positions, must be extended to all students, without regard to age, ethnicity, gender, disability, color, natural origin, race, religion, sexual orientation, or veteran status," according to the suit. The form is part of a larger non-discrimination policy approved by the Board of Regents, the suit says.

The fraternity requires its officers and members to pledge their belief in Jesus Christ to participate.

The suit alleges that UGA has not consistently applied the nondiscrimination requirement to other student groups. It specifically cites the Baha'i Association, which the suit says requires its officers to be members of the Baha'i faith, and a Christian organization, Crossway Fellowship Christian Ministry.

Don't fraternities and sororities in general violate that non-discrimination policy? I'm not sure why BYX gets singled out here.

[SoCalGirl]

I think that fraternities and sororities get a pass due to Title IX. Since this group is discriminating (kind of sort of) based on religion it's not covered by the same protections.

[MSKKG]

If the other groups mentioned also require only adherents to their faith eligible for becoming officers, why is this group denied the same exception?

[Drolefille]

Originally Posted by SoCalGirl

I think that fraternities and sororities get a pass due to Title IX. Since this group is discriminating (kind of sort of) based on religion it's not covered by the same protections.

Well and social GLOs don't usually fall under the student org. category when they don't accept money from the school's activity fund. But this doesn't make sense to me...

[shinerbock]

Further indications that the UGA administration sucks.

[PhrozenGod01]

Originally Posted by Drolefille

Well and social GLOs don't usually fall under the student org. category when they don't accept money from the school's activity fund. But this doesn't make sense to me...

Me neither. Unless BYX is trying to get student fees or use student funded facilities for free, they should be allowed to exist as a student org the same way that other fraternities and sororities exist(I've never been to UGA but I assume that most of the fraternities and sororities are recognized as student groups). If membership requires an oath, then refusal to take the oath should result in a denial of membership. I want more information about this!!! *bangs on table rather impatiently*

[PeppyGPhiB]

Are all GLOs required to sign that document? Their single-sex status is protected, so it would seem including "sex" in the clause would make it void anyway.

If the Christian fraternity did not accept funds from the university, would they still have to sign the contract?

[Drolefille]

I wonder about the status of those other orgs as well. I'll see if I can find more information. Maybe someone from UGA can help (if there's anyone on here)

[Drolefille]

From www.alliancedefensefund.org

ATHENS, Ga. — Attorneys with the Christian Legal Society and Alliance Defense Fund filed suit today in federal court against the University of Georgia on behalf of a Christian fraternity, Beta Upsilon Chi (BYX). University officials refuse to recognize BYX as a registered student group because the group requires its members and officers to share the group’s Christian beliefs.

“Christian student groups cannot be singled out for discrimination. The right of association applies to all student groups on a public university campus,” said Timothy J. Tracey, litigation counsel for CLS’s Center for Law & Religious Freedom. “The University of Georgia deprives Christian student groups of this right when they force them to open their membership and leadership to students who disagree with their Christian beliefs.”

BYX, or Brothers Under Christ, is a fraternity of Christian male college students who wish to foster fellowship through their common belief in Jesus Christ. The university denied the fraternity recognition in November, claiming the group’s requirements that officials and members profess faith in Christ is “religious discrimination.”


“The university allows the Young Democrats to require its officers and members to be Democrats,” said Tracey. “Why is it then that the university is telling Christian groups they cannot require their officers and members to be Christians?”

Without official recognition, BYX is denied important benefits provided other student groups, such as access to meeting space and ability to advertise on campus. ADF and CLS attorneys are seeking a court ruling declaring the university’s policy unconstitutional and prohibiting officials from denying recognition to BYX.

The complaint filed in Beta Upsilon Chi v. Adams in the U.S. District Court for the Middle District of Georgia, Athens Division, can be viewed at www.telladf.org/UserDocs/BYXcomplaint.pdf.

Together, ADF, America’s largest legal alliance, and CLS, America’s premier network of Christian legal professionals, defend religious liberty, human life, marriage, and the family.

Basically that PDF link says the same thing and describes the process of joining BYX (Affirming your Christian beliefs, understanding the goals of BYX, etc.) Neither women nor non-Christians are allowed to be members, though they may come to any open parties they have.
There are 14 other religious organizations on campus that BYX believes or knows to have similar rules. The university said that under Title IX they were allowed to discriminate based on gender but not by religion.
(Why is gender even in that policy then?)
Basically under Freedom of Association BYX says it should be free to do as it likes.


ETA:
Ok, now I found this UGA agrees to recognize BYX

Two days after Christian lawyers filed a discrimination lawsuit against the University of Georgia, administrators announced Thursday they would recognize a Christian fraternity and consider eliminating the school's non-discrimination policy regarding religious groups.

The Alliance Defense Fund and the Christian Legal Society on Tuesday sued the university after it denied official recognition to Beta Upsilon Chi, a Christian fraternity.

The group was denied recognition, because it refused to sign the school's non-discrimination policy that would have required to the group to accept non-Christian members and officers.

Lawyers for the Christian groups which have successfully challenged similar policies at other universities argued that the policies violated students' right to freedom of religion.

Tim Tracey, a CLS lawyer, told Cybercast News Service Thursday afternoon that the group had received a phone call from university officials "saying that they would recognize Beta Upsilon Chi and that they were intending to amend their non-discrimination policy to allow religious organizations to select officers and members on the basis of religion."

Sorry, this post got really long.

[NebraskaDelt]

I hate that it takes a lawsuit for someone to finally fix something that everyone knows is wrong. And that comes from an attorney. It should have never come to this. I'm glad UG finally came around.

[gpb1874]

Just to clarify those policies that most colleges have.....

Under various non-discrimnation clauses that are in the US constitution and other documents, public universities cannot discriminate against race, gender, disability, veteran status, religion, nationality, etc. If the university cannot discriminate, it makes sense that the student organizations it recognizes should not discriminate either. Not all universities make a distinction between those that are funded and those that are not funded.....many believe all groups should follow the same policy if they want recognition from the university.

There are some exceptions where groups are allowed to discriminate, such as single sex sports clubs and social fraternities and sororities. Those groups are granted the exception by the federal government. The university does not get to decide who can discrminate and who cannot - they follow what is set forth by the government and court cases.

The problem coming in to play is that which protection should override the other: non-discrimination or the freedom to associate? In the past, it has been non-descrimination. With new lawsuits coming up such as this one, the tide seems to be turning and universities should consider the protection of freedom to associate.

[MysticCat]

Originally Posted by gpb1874

Just to clarify those policies that most colleges have...

Just to clarify a little more, the obligation of the universities not to recognize student organizations that discriminate (except, as you noted, for those excpetions provided by federal law, such as with social GLOs) is typically tied to receipt of federal funds, including student loans. Violate the federal laws regarding student orgs and federal funds can be cut off or restricted.

It is also worth remembering that when it comes to private universities and colleges (obviously not an issue with UGa), constitutional protections such as freedom of association are inapplicable, since the Constitution only prohibits the government from infringing on the right to freely associate. Some civil rights law might be applicable, but not constitutional provisions.

[RU OX Alum]

Originally Posted by MysticCat

Just to clarify a little more, the obligation of the universities not to recognize student organizations that discriminate (except, as you noted, for those excpetions provided by federal law, such as with social GLOs) is typically tied to receipt of federal funds, including student loans. Violate the federal laws regarding student orgs and federal funds can be cut off or restricted.

It is also worth remembering that when it comes to private universities and colleges (obviously not an issue with UGa), constitutional protections such as freedom of association are inapplicable, since the Constitution only prohibits the government from infringing on the right to freely associate. Some civil rights law might be applicable, but not constitutional provisions.

Not even if they get federal money?? That seems strange.

If BYX is a private group, then they shouldn't be affiliated with the U more than neccersary, but if they are getting things for free from the U then they should have to play by the rules.

[MysticCat]

Originally Posted by RU OX Alum

Not even if they get federal money?? That seems strange.

Nope. The Constitution is a grant of authority to the federal government, and the freedoms enumerated in the Bills of Rights are limitations on that authortity. By virtue of the Fourteenth Amendment, many of those limitations are also applicable to the states.

Congress can make receipt of federal money contingent on certain things, such as non-discrimination. But in that case, it's a federal law, not a constitutional provision, that comes into play. If it's in the Constitution, it only applies to the government, not private institutions.

[RU OX Alum]

Originally Posted by MysticCat

Nope. The Constitution is a grant of authority to the federal government, and the freedoms enumerated in the Bills of Rights are limitations on that authortity. By virtue of the Fourteenth Amendment, many of those limitations are also applicable to the states.

Congress can make receipt of federal money contingent on certain things, such as non-discrimination. But in that case, it's a federal law, not a constitutional provision, that comes into play. If it's in the Constitution, it only applies to the government, not private institutions.

oh, that is very interesting