Florida
New Student Organization Recognition Policy at Univ. of Fla.
It appears that the University of Florida has revised its student organization nondiscrimination policy. On July 10, 2007, the ADF Center for Academic Freedom and the Christian Legal Society filed suit on behalf of Beta Upsilon Chi (BYX) because the University refused to grant BYX official recognition. As a Christian student organization, BYX requires members and leaders to profess faith in Jesus Christ, subscribe to the fraternity's doctrinal statement, and adhere to its Code of Conduct. The University said that these requirements violated its nondiscrimination policy. The case was appealed, and the U.S. Court of Appeals for the Eleventh Circuit enjoined the University’s nondiscrimination policy pending appeal. The circuit court heard oral arguments on December 10, 2008.
According to the University’s website, the nondiscrimination policy now says:
Student organizations that wish to register with the Center for Student Activities and Involvement (CSAI) must agree that they will not discriminate on the basis of race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations, or veteran status as protected under the Vietnam Era Veterans' Readjustment Assistance Act.It is unclear what effect, if any, this will have on BYX’s litigation."
A student organization whose primary purpose is religious will not be denied registration as a Registered Student Organization on the ground that It [sic] limits membership or leadership positions to students who share the religious beliefs of the organization. The University has determined that this accommodation of religious belief does not violate its nondiscrimination policy.
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Related: CLS and ADF attorneys filed Beta Upsilon Chi v. Machen in the U.S. District Court for the Northern District of Florida, Gainesville Division, in July 2007 (www.telladf.org/news/story.aspx?cid=4177). The injunction from the 11th Circuit is available at www.telladf.org/UserDocs/BYXinjunction.pdf.
In December 2006, the University of Georgia agreed to recognize BYX on its campus after CLS and ADF attorneys filed suit there (www.telladf.org/news/story.aspx?cid=3941).
