Politics and religion form a tough pair, and the University of North Carolina at Chapel Hill and its chapter of Christian fraternity Alpha Iota Omega are facing the consequences of such a mix.
But it appears that AIO has won the first battle. In a preliminary injunction issued March 2, Federal District Judge Frank Bullock in Greensboro ordered the University to grant AIO official status as a student organization while the lawsuit is in progress.
The three-member fraternity sued UNC last year for violating its First Amendment rights to free speech, free assembly and the exercise of religion by denying it official recognition after it had refused to sign the University’s Nondiscrimination and Sexual Orientation Policy. As a fraternity defined by its Christian evangelism, the members said it would undermine their mission to accept members who do not adhere to the same beliefs or live by the same code of conduct.
The court order read in part: “That a policy which imposes conditions for the receipt of benefits on a religious organization not imposed on non-religious organizations raises significant constitutional concerns and could be violative of the First Amendment of the United States Constitution.”
Jordan Lorence, an attorney for The Alliance Defense Fund, an Arizona-based Christian rights organization that represents AIO, said they asked for an injunction because freedom of expression was at stake.
“The violation of the First Amendment is so clear-cut that the judge should give an injunction up front, ” he said. “Those are difficult to get, you really have to prove your case.”
UNC’s policy is to decline comment on legal cases in progress. According to an official statement released March 3, “The judge’s order is consistent with the draft consent order proposed by the University this week. The University will comply with the order as the case moves forward.”
At a hearing Feb. 16 the University and ADF seemed like they might be able to negotiate a satisfactory settlement that the judge would then approve—a consent decree. During the negotiation process, it became clear a simple solution would not be possible, Lorence said.
UNC’s statement further specified that “The University is prepared to recognize AIO if it agrees to meet all University requirements and policies applicable to student groups seeking official recognition, including the nondiscrimination policy as interpreted in the court’s order.”
Without official status, the organization cannot receive University money for activities, it cannot use University server space for its website and it has more difficulty reserving campus facilities.
The fraternity is ultimately suing to be granted official recognition, but underlying this goal is its desire to change UNC’s nondiscrimination policies.
“[Our aim is to] get the University to recognize that it has a nondiscrimination policy and the policy must respect the right under the First Amendment,” Lorence said.
Furthermore, he added, the University should realize that it has “no responsibility in advocating or endorsing the beliefs” by granting them official status; forcing groups to accept members who do not adhere to the viewpoints of the group “violates common sense.”
“It is a shocking statement that doesn’t understand the distinct beliefs of these religious groups,” Lorence said. “The University is confusing religion as a status and religion as a set of beliefs.”
Currently, Duke does not require its student organizations to sign an official nondiscrimination statement as UNC does. Instead, groups are required to submit their constitution and by-laws, which are then reviewed for discriminatory elements.
“[We] make sure that there are no blaring discriminatory statements,” said Gregg Heinselman, director of the Office of Student Activities and Facilities. But there are very few cases in which Duke would deny a group recognition, he said.
“Duke very much supports the rights for students to form organizations with common interests,” Heinselman said. “Granting status would depend on the language and the spirit of what the organization is all about.”
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