Alpha Iota Omega Files Suit Against UNC Chapel Hill [Christian Fraternity banned]

CHAPEL HILL, N.C., August 25, 2004 A federal lawsuit was filed today against the University of North Carolina at Chapel Hill (UNC) by Alpha Iota Omega (AIO), a Christian fraternity that was denied recognition by UNC because it would not agree to open its membership to students of different faiths. The Foundation for Individual Rights in Education (FIRE), which is fighting on behalf of AIO in its conflict with UNC administrators, is now joined by the Alliance Defense Fund (ADF), which brought the suit against the university.

"For too long, UNC has denied religious groups the basic rights that all student groups should enjoy," stated FIRE's president, David French. "Freedom of association and expression mean little when student groups are forced to include people who disagree with the core beliefs of the organization."

AIO's lawsuit, which was filed in the United States District Court for the Middle District of North Carolina, stems from an incident last fall in which UNC administrator Jonathan Curtis refused to extend the benefits of official recognition to AIO. The fraternity, whose mission is to train Christian leaders, objected to signing a "nondiscrimination" clause that would have forbidden it from considering religion when determining "membership and participation" in the group. UNC's action is a violation of the fraternity's rights to freedom of association, freedom of speech, and the free exercise of religion. ADF, a public interest legal organization based in Phoenix, Arizona, is conducting the litigation against UNC. Read AIO's legal complaint against UNC here [217 KB PDF].

The lawsuit adds to the tremendous pressure that FIRE has already brought to bear on UNC. FIRE has continued its campaign of public awareness in the hope that UNC will recognize its abuse of power and restore individual rights to its campus. FIRE's campaign has also attracted the attention of U.S. Representative Walter Jones, who has called on the Department of Education's Office for Civil Rights to examine UNC's unjust refusal to grant official recognition to the Christian fraternity and possibly to other religious groups on campus.

Greg Lukianoff, FIRE's director of legal and public advocacy, remarked, "UNC continues to argue falsely that federal law requires it to discriminate in this way against religious groups. The U.S. Constitution demands exactly the opposite, as it provides these students with freedom to associate according to their beliefs. UNC has made the decision not to allow a Christian group to remain Christian in defiance of the Constitution; now it must defend its decision in a court of law."

This marks the second time in less than two years that UNC has attempted to deny a Christian organization its right to define its membership. In 2002, InterVarsity Christian Fellowship was also told its requirement that its leaders adhere to the Christian faith was "discriminatory." UNC quickly reversed its decision after FIRE made the case public. Read about the 2002 UNC case here, and read FIRE's previous coverage of the current UNC case here and here.

FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation's colleges and universities. FIRE's efforts to preserve liberty at UNC and on campuses across America can be viewed at www.thefire.org.

CONTACT:
Greg Lukianoff, Director of Legal and Public Advocacy, FIRE: 215-717-3473; greg@thefire.org
David French, President, FIRE: 215-717-3473; david.french@thefire.org
James Moeser, Chancellor, UNC-Chapel Hill: 919-962-1365; james_moeser@unc.edu
Jonathan Curtis, Assistant Director for Student Activities and Organizations, UNC-Chapel Hill: 919-962-1461; jon@email.unc.edu

From the legal brief:

FIRST CAUSE OF ACTION: FREEDOM OF ASSOCIATION

112. Plaintiffs reallege all matters set forth in the preceding paragraphs and incorporate them herein by reference.
113. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have unconstitutionally conditioned UNC-CH benefits on Plaintiffs and other student organizations yielding their clearly established right to freedom of association for expressive purposes secured by the First and Fourteenth Amendments to the Constitution.
114. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have deprived Plaintiffs and other student organizations of their clearly established right to freedom of association for expressive purposes secured by the First and Fourteenth Amendments to the Constitution.
115. The Defendants have no compelling reason that would justify the burden imposed upon the association of the Plaintiffs and other student organizations.
WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth hereinafter in the prayer for relief. p.18

VIII. SECOND CAUSE OF ACTION: FREEDOM OF SPEECH

116. Plaintiffs reallege all matters set forth in the preceding paragraphs and incorporate them herein by reference.
117. Speech, including religious speech, is protected by the First and Fourteenth Amendments to the United States Constitution.
118. A corollary of the right to speak is the right not to speak.
119. By their policies, Defendants are unconstitutionally forcing Plaintiffs to express approval of other religions, non-traditional and meretricious relationships, and homosexual behavior and other sexual activity outside of marriage, or else surrender the privileges granted to them as an officially recognized student organization on campus.
120. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have unconstitutionally conditioned UNC-CH benefits on Plaintiffs and other student organizations yielding their clearly established right to freedom of speech secured by the First and Fourteenth Amendments to the Constitution.
121. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have deprived Plaintiffs and other student organizations of their clearly established right to freedom of speech secured by the First and Fourteenth Amendments to the Constitution.
(p.19)
122. The Defendants have no compelling reason that would justify the burden imposed upon the speech of the Plaintiffs and other student organizations.
WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth hereinafter in the prayer for relief.

IX. THIRD CAUSE OF ACTION: FREE EXERCISE OF RELIGION

123. Plaintiffs reallege all matters set forth in the preceding paragraphs and incorporate them herein by reference.
124. The wording of Plaintiffs’ Constitution, By-Laws and Undergraduate Manual is motivated by their sincerely held religious beliefs.
125. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have unconstitutionally conditioned UNC-CH benefits on Plaintiffs and other student organizations yielding their clearly established right to free exercise of their religion secured by the First and Fourteenth Amendments to the Constitution.
126. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have deprived Plaintiffs and other student organizations of their clearly established right to free exercise of their religion secured by the First and Fourteenth Amendments to the Constitution.
(p.20)
127. The Defendants have no compelling reason that would justify the burden imposed upon the religion of the Plaintiffs and other student organizations.
WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth hereinafter in the prayer for relief.

Civil suits are so pissant. How about:

US CODE COLLECTION

TITLE 18 > PART I > CHAPTER 13 > Sec. 241.	Next
Sec. 241. - Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death	Search this title: Notes Updates Parallel authorities (CFR) Topical references
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Now, that'd get their attention!

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