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Judge: Christian frat can ban homosexuals
http://worldnetdaily.com/news/article.asp?ARTICLE_ID=43170 ^ | March 5, 2005

Posted on 03/12/2005 11:27:57 PM PST by John Lenin

© 2005 WorldNetDaily.com

But university president still supporting 'non-discrimination policy'

A federal court has ordered the University of North Carolina at Chapel Hill to reinstate a Christian fraternity which had been denied recognition because its officers refused to sign the university's nondiscrimination policy requiring the group to allow homosexuals to join.

The preliminary injunction, issued by U.S. District Court Judge Frank W. Bullock Junior, will permit Alpha Iota Omega access to student funds and university facilities, like other fraternities on campus. The order will remain in force until the issue of compliance with the university's policy against discrimination is settled, most likely in court.

"This is the first battle in the lawsuit, and we are victorious in that sense," said Joshua Carden, an attorney with the Alliance Defense Fund, the Arizona-based organization representing the fraternity.

Alpha Iota Omega was formed six years ago for the purpose of "providing leadership and outreach to the campus Greek community through evangelism and mentorship."

As reported by WorldNetDaily, the fraternity had made numerous attempts to convince the university to change its policy that required them to admit homosexuals. In a letter to UNC-CH Chancellor James Moeser, the Philadelphia-based Foundation for Individual Rights in Education (FIRE), a national civil liberties organization, emphasized the fraternity's belief that a shared faith was central to the group's identity: "UNC simply may not use its nondiscrimination policy to dictate how religious student organizations must deal with matters of faith. No group can control the content of its message if it is unable to choose its messengers."

Moeser and the university, however, refused to back down, insisting that all student groups must have open memberships. The policy requires recognized student groups to open membership to anyone, regardless of age, race, color, national origin, religion, disability, veteran status, sexual orientation or gender.

"At this university, we encourage students to nurture their moral, spiritual and religious lives," he wrote in reply. "And we do not discriminate against students seeking recognition for religious groups.

"So, for example, Baptist student groups are open to Presbyterian students; Jewish student groups are open to Christian students; the Italian Club is open to Korean students; and the Black Student Movement is open to white students," Moeser concluded.

Official recognition of the fraternity was withdrawn last August and Alpha Iota Omega filed suit.

The preliminary injunction puts Alpha Iota Omega "on the same footing as nonreligious organizations which select their members on the basis of commitment ... ," Bullock wrote in his order. The nondiscrimination policy, the judge said, "raises significant constitutional concerns and could be violative of the First Amendment of the United States Constitution."

In the wake of Judge Bullock's ruling, Moesler is still standing firm in his support of the nondiscrimination policy, according to the Durham Herald Sun, telling a meeting of the Faculty Council, "No one has won at this point. We continue to believe in the merits of the university's position."

UNC was involved in a similar flap in 2002 when it withheld recognition for InterVarsity Christian Fellowship because the group required its leaders to be Christians. The uproar that followed was met with a change of mind by Chancellor Moeser at that time, and a policy was adopted allowing religious groups to require that leaders share the group's faith. However, membership had to remain open to all.

During 2002's summer session, UNC drew national attention for requiring its 3,600 incoming freshmen and transfer students to enroll in a class on Islam and attend group discussions around the mandatory text, "Approaching the Qur'an: The Early Revelations."


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; US: North Carolina
KEYWORDS: academia; alphaiotaomega; christianclub; christianstudents; churchandstate; freedomofassociation; homosexualagenda; ruling; uncch
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A victory for the good side.
1 posted on 03/12/2005 11:27:58 PM PST by John Lenin
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To: John Lenin

Then, under the UC policy, women can join fraternities?

Conversely, men can join sororities?

That ought to work out really well.


2 posted on 03/12/2005 11:32:16 PM PST by clee1 (It takes 17 muscles to frown, 5 to smile, and 2 to pull a trigger. I'm a very lazy person.)
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To: clee1

bttt


3 posted on 03/12/2005 11:33:02 PM PST by John Lenin (Believeing yourself when no one else does is a form of Mental Illness)
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To: John Lenin

The nondiscrimination policy, the judge said, "raises significant constitutional concerns and could be violative of the First Amendment of the United States Constitution."

What the school seems to have overlooked is the "freedom of association" portion of the First Amendment. It's not all about freedom of speech.


4 posted on 03/12/2005 11:38:32 PM PST by hsalaw
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To: EdReform; backhoe; Yehuda; Clint N. Suhks; saradippity; stage left; Yakboy; I_Love_My_Husband; ...

Homosexual Agenda Ping.

Hmm - a small victory, for now. What court will this wind up in front of, I wonder. SOCTUS eventually?*

That university honcho is really smart. The Italian student group has to be open to Armenians, the Jewish student group has to admit Fijians, the Atheist student group has to admit Sufis, and the Korean student group has to admit Thais. The Catholic student group has to admit Scientologists, and so on.

Might as well just unlock the doors of the mental asylums, if they have such things any more.

Let me and DirtyHarryY2K know if anyone wants on/off this pinglist.



*Anyone know what's happening with Rehnquist and possible replacement?


5 posted on 03/12/2005 11:39:31 PM PST by little jeremiah (Resisting evil is our duty or we are as responsible as those promoting it)
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To: hsalaw

Agree, if I don't want two eyed jacks in my deck of cards I should be able to take them out.


6 posted on 03/12/2005 11:40:43 PM PST by John Lenin (Believeing yourself when no one else does is a form of Mental Illness)
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To: John Lenin

Legal info: This is a preliminary injuction. This is important, the standard for a preliminary injuctions is that the party seeking the injuction has demonstrated a high probability of success in achieving a permanent injuction.

It does not bode well for the homosexual imposers.

It is the ultimate irony that a place for diversity of thought has shown itself non-diverse for any thing but leftist thought.

Since the preliminary injuction was granted, the university may want to consider folding on this because it WILL set a precident which can be used by others. Do the homosexuals want to set a precident which affirms the ability to NOT associate with homosexuals?


7 posted on 03/12/2005 11:43:19 PM PST by longtermmemmory (VOTE!)
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To: hsalaw

http://www.freerepublic.com/focus/news/1361801/posts?page=7#7

FYI


8 posted on 03/12/2005 11:44:21 PM PST by longtermmemmory (VOTE!)
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To: longtermmemmory

Appreciate the info.


9 posted on 03/12/2005 11:44:45 PM PST by little jeremiah (Resisting evil is our duty or we are as responsible as those promoting it)
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To: John Lenin

Just wait till the tri-lambs hear about this!
10 posted on 03/12/2005 11:46:11 PM PST by Andy from Beaverton (I only vote Republican to stop the Democrats)
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To: Andy from Beaverton

LOL!


11 posted on 03/12/2005 11:49:08 PM PST by KoRn (~Halliburton Told Me......)
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To: Andy from Beaverton

shamda lambda ding dong


12 posted on 03/12/2005 11:49:08 PM PST by John Lenin (Believeing yourself when no one else does is a form of Mental Illness)
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To: little jeremiah
*Anyone know what's happening with Rehnquist and possible replacement?

Yeah. Dubya called me tonight. I got the job. Justice Kennedy is in hiding, but I'll find him,....

FMCDH(BITS)

13 posted on 03/12/2005 11:56:42 PM PST by nothingnew (There are two kinds of people; Decent and indecent.)
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To: John Lenin

Where's James Dale "hanging" nowadays? Seen him?


14 posted on 03/12/2005 11:56:58 PM PST by Waco
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To: John Lenin

Praise the Lord!!!!! One victory of many to come.

Hi folks!!! Some have emailed me since Ive been quiet for a while. Thanks for your concern. I am doing just fine, just busy going about the Lord's business. I will try to chime in more often here at FR.

Have a God day!!!


15 posted on 03/12/2005 11:57:07 PM PST by joedownthestreet
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To: John Lenin

Alternately, the Christian frat could let the fags in, then hold continuous prayer vigils over them.

That would drive the fruit-flys nuts and the frat would be performing an act of Christian charity.


16 posted on 03/12/2005 11:59:21 PM PST by clee1 (It takes 17 muscles to frown, 5 to smile, and 2 to pull a trigger. I'm a very lazy person.)
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To: nothingnew

Anyone posting on FR (not counting trolls) would no doubt be better than the 5 Nazgul who consistently vote the very wrong way.

I'd volunteer, and they wouldn't even have to pay me.


17 posted on 03/13/2005 12:00:14 AM PST by little jeremiah (Resisting evil is our duty or we are as responsible as those promoting it)
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To: John Lenin

I'm sure there is a homosexual organization on campus. All the Christians should join. They could start every meeting with a prayer.


18 posted on 03/13/2005 12:02:07 AM PST by whereasandsoforth
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To: whereasandsoforth
I'm sure there is a homosexual organization on campus. All the Christians should join. They could start every meeting with a prayer.

They should also join the Islamic group on campus and do the same. Let's see how tolerant the university and its local TROP activists are. One suspects the nondiscrimination policy is actually quite discriminatory when politically correct groups are offended.

19 posted on 03/13/2005 12:08:09 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: peyton randolph

I don't understand why they don't. If I were on campus I'd be giving every goose what's good for the gander.


20 posted on 03/13/2005 12:10:33 AM PST by whereasandsoforth
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