UNC right in denying funds

Alpha Iota Omega fraternity�s suit against the University of North Carolina at Chapel Hill raises valid concerns about a group�s freedom to assemble and to define its own fundamental tenets, but the public University has no obligation to fund the Christian fraternity.

Alpha Iota Omega, a Christian fraternity at the University of North Carolina at Chapel Hill, sued UNC earlier this month after the University denied the organization official recognition. UNC denied AIO status on campus because the fraternity, which only admits Christian members, refused to sign the University’s mandatory Nondiscrimination and Sexual Orientation Policy last September. In refusing to recognize the group, UNC has denied AIO any school funding and use of campus meeting space.

The lawsuit, funded by the Foundation for Individual Rights in Education and the Alliance Defense Fund, raises questions of civil liberties, the First Amendment and the right for private organizations to discriminate.

AIO, as an affiliate of a private national organization, has the right to discriminate based on religion, since it is discriminating based on one of its fundamental tenet. But as a public university, UNC has the right to deny the group funding. The question of space, however, should be considered separately—the First Amendment guarantees the right to free assembly, and UNC should not deny any group access to its public space.

In supporting their decision, UNC officials said that the public University cannot discriminate. In denying AIO the right to use facilities, however, UNC walks a fine line in potentially discriminating against the fraternity.

Although some might consider AIO’s lawsuit frivolous or view it as a publicity stunt, it is a serious matter to the fraternity members, and their religious beliefs should be respected.

In all likelihood, if AIO were to sign the nondiscrimination policy, it would never have a problem only selecting Christian members. As self-selecting organizations, both Christian groups and fraternities tend to attract a particular type of individual. Non-Christian individuals would not be well accepted into AIO and therefore probably would never seek to gain admission. Most likely, the only individuals with interest in AIO would be Christians, and thus the group would be able to self-select without technically discriminating.

The question at hand, however, is one of principle, not application. AIO members are using this lawsuit to stand up for their beliefs and the tenets of the organization, and their dedication is respectable. The fact that AIO is right in its intentions, however, does not mean that it is necessarily right in this suit. UNC has an obligation to all of its students and North Carolina taxpayers to run a campus free of discrimination. Therefore, on the question of public funding, the University is right in denying AIO money. UNC should still grant the fraternity space on campus, so that the University does not become guilty of discrimination as well.

With any luck UNC and AIO will be able to strike a balance in which the fraternity can still function as a campus group without signing the nondiscrimination policy and without reaping the benefits of public university money.

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