Christian Fraternity Sues Over Recognition Denial
Posted on Sept. 1, 2004Three soft-spoken members of a Christian fraternity silenced the din of the lunchtime Pit on the second day of fall classes with the announcement that they had filed suit in federal court against the University for violating their First Amendment rights.
Members of Alpha Iota Omega informed the University in September 2003 that they would not agree to a policy that prohibits the group from excluding members based on religion or sexual orientation. The fraternity and UNC engaged in a series of negotiations last year but could not reach an agreement. In April, fraternity leaders were informed that they had lost official recognition, which resulted in loss of access to University facilities, student activity funds and space on the University’s Web server.
“Alpha Iota Omega was formed with the express purpose of sharing the Christian faith with members of other Greek fraternities,” Alpha Iota Omega President Trevor Hamm said at a news conference. “To be a member, AIO requires adherence to a Christian statement of faith, tenets of belief and certain biblical standards of conduct.” Members who do not share the group’s faith and standards of conduct cannot further its mission, said Hamm, a senior from Kinston.
The fraternity’s lawyer, Joshua Carden, announced that the group had filed a lawsuit in U.S. District Court in Greensboro. The group is seeking a judgment ruling the University’s non-discrimination policy unconstitutional.
After the group lost recognition, members contacted the Foundation for Individual Rights (FIRE) in Education, which contacted the University. FIRE subsequently referred fraternity members to the Alliance Defense Fund, a group of Christian lawyers who litigate cases involving religious freedom.
Throughout the debate, the University has defended its position, which officials claim balances student’s First and 14th Amendment rights. Any group with access to University facilities and student activity fees must be open to participation by any member of the UNC community. Groups can select leaders who support the goals of the organization and require members to demonstrate an interest in the group’s focus.
The Campus Ministers’ Association approved a statement Aug. 23 supporting the University’s policy. Eight religious professionals signed the statement, including a rabbi from Hillel and several Catholic and Protestant ministers who work with student groups.
“None of our groups have experienced discrimination based on our particular form of religious expression by the University,” the ministers wrote. “We encourage the University to continue to protect the right of all students to participate in organizations of their choosing.”
This is the second time FIRE has come to the aid of a student organization at UNC. In 2002, the University tried to force the InterVarsity Christian Fellowship to remove a provision of its constitution that required its officers to be Christian. UNC and FIRE resolved the conflict quickly and to the satisfaction of all parties.
U.S. Rep. Walter B. Jones Jr. of Farmville also released a statement in August condemning the University and requesting an investigation by the U.S. Department of Education’s Office for Civil Rights. Jones prompted a Department of Education compliance review earlier this year when a professor publicly rebuked a student who opposed homosexuality on religious grounds.
In response to the heightened media coverage and lawsuit, Chancellor James Moeser released a statement explaining the policy. “We have nearly 5,000 students who belong to our 42 recognized religious student groups, the overwhelming majority of them being Christian,” he said. “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.”
