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11th Circuit Hears Arguments In Christian Fraternity's Bid For Recognition

By Howard M. Friedman

Yesterday, the U.S. 11th Circuit Court of Appeals heard oral arguments in Beta Upsilon Chi v. Machen, a case in which BYX, a Christian fraternity, is challenging the University of Florida's refusal to grant it recognition. University rules prohibit religious (and other) discrimination by recognized student organizations. BYX requires its members to believe in Jesus. In May, a Florida federal district court refused to issue a preliminary injunction against the University. However in August, the 11th Circuit ordered the University to grant recognition to the fraternity while its appeal is pending. (See prior posting.) The AP reports that BYX argued to the court that the University's policy threatens its core beliefs. University's counsel responded that recognized student groups are an extension of the educational process and should be open to all. BYX can maintain its current policy and continue to operate on campus without recognition. However this will mean it is not eligible for funding, priority use of facilities, access to certain bulletin boards, listing in University publications, a University website and email address.

Full post as published by Religion Clause on December 11, 2008 (boomark / email).