You guys are cracking me up! What penny? The whole point if the church's position was that he had NOT paid tithing for 6 years, he didn't attend his meetings, didn't wear his temple garments, and didn't abide by the standards of the church, or BYU, and DID make a gay beefcake calendar trying to put LDS missionaries is a gay light. The Church was right to do what it did, so was BYU.
I swear, sometimes I think you guys lap up any and all ex Mormon propaganda the same way a liberal laps up the NY Times.
I know there are non Mormon students at BYU, are they given LDS rights due to their tuition being equal to a tithe?
Do the non LDS members have to abide by the rules of the Church or just BYU?
These are all points of contention were he to pursue any actions. The Church pieces will more than likly not be consdiered though the acceptable behavior clauses of BYU itself will be in play. However since BYU is accredited he should just insist they help transfer his hours and he can finish at a tradition college.
Also I don't think the photos were aimed at a male market. Never underestimate the female market for such.