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11th Circuit Orders Recognition of Christian Fraternity By UF Pending Appeal

By Howard M. Friedman

In May 2008, a Florida federal district court in Beta Upsilon Chi v. Machen, 2008 U.S. Dist. LEXIS 42653 (ND FL, May 28, 2008), refused to issue a preliminary injunction against the University of Florida in a lawsuit by Beta Upsilon Chi, a Christian fraternity. BYX challenged the University's refusal to grant it recognition as a student group. The University's action was based on the school's non-discrimination policy that prohibits religious discrimination by registered student organizations. BYX requires its members to believe in Jesus Christ. The district court held that since the University policy allows the fraternity to limit its leadership to professing Christians, merely requiring non-discrimination as to members does not pose a burden on the fraternity's expressive associational rights. It said: "BYX has failed to show that the forced inclusion of a non-Christian in their group meetings or other functions will prevent BYX from encouraging their Christian members in their faith, fostering unity with like-minded Christians, and teaching Christian leadership."

BYX filed an appeal with the 11th Circuit. On Wednesday, according to an AP report, the Court of Appeals granted an injunction (full text) ordering the University to grant recognition to the fraternity while its appeal is pending. A release by Alliance Defense Fund says the a motion for summary judgment is still pending in district court as well. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Full post as published by Religion Clause on August 01, 2008 (boomark / email).