UNC vs Christians in court now

[hoosier]

Oct 26, 2004 6:07 AMUNC fights frat's lawsuit
Christian group wants recognition

By JANE STANCILL, Staff Writer
UNC-Chapel Hill says it did not violate the constitutional rights of a Christian fraternity when it revoked the group's official recognition as a campus organization, according to a motion sent to federal court Monday.

Meanwhile, attorneys for Alpha Iota Omega asked the court Monday for a preliminary injunction in the case, an action that would force UNC-CH to restore the fraternity's status immediately.

The arguments by both sides make one thing clear: UNC-CH is in the middle of another court battle over First Amendment rights, just two years after it won a case over assigning freshmen to read a book about the Quran.

The state Attorney General's Office, which is representing UNC-CH in the matter, asked the judge to dismiss the lawsuit. The university, according to the motion, was merely enforcing its antidiscrimination policy when it asked the fraternity to agree to allow any student to participate in the group regardless of personal characteristics such as race, religion or sexual orientation.

The three-member evangelical Christian fraternity refused, saying the antidiscrimination policy conflicted with the group's religious beliefs and standards of conduct. The university then revoked the group's official status, denying it access to money, university facilities and the use of UNC-CH's computer server to host the group's Web site.

The fraternity sued in August, claiming the university had violated the group's constitutional rights to free speech and association. The fraternity argued it should have the right to reject people who aren't Christian.

In Monday's motion, attorneys for UNC-CH cited a 30-year-old U.S. Supreme Court ruling that gives universities wide latitude to deny recognition to student groups that do not comply with reasonable campus rules. The motion pointed out that there is no constitutional right to official recognition on UNC-CH's campus. It said the antidiscrimination policy is meant to affect the conduct of student groups but not their speech, association or free exercise of religion.

The university declined comment on the case Monday. But in August, Chancellor James Moeser issued a statement that said, in part, "We are a public institution, and we cannot discriminate. That's the law. And that's why we are very comfortable with the position that we've taken on this issue."

Jordan Lorence, legal counsel with the Alliance Defense Fund, said the university's actions constitute a fundamental violation of the right of free association. UNC-CH's argument confuses religion as a personal characteristic with religion as a set of beliefs, he added.

"The university singles out religious groups and says you cannot require people to adhere to your beliefs," said Lorence, whose group sued on Alpha Iota Omega's behalf.

Denying the fraternity official recognition severely limits its ability to communicate on campus, according to the motion filed by the Alliance Defense Fund. The fraternity's goals include evangelizing to members of the Greek community, and its code of conduct forbids sexual conduct outside of marriage.