University of North Carolina at Chapel Hill: Denial of Freedom of Association for Christian Fraternity

Case Materials

• "Victory for Freedom of Association at UNC-Chapel Hill," FIRE Press Release, March 7, 2005: Late last week, a federal judge issued a preliminary injunction against the University of North Carolina at Chapel Hill’s attempt to prevent a Christian fraternity from choosing its members based on religious belief. The court found that UNC’s application of its expansive nondiscrimination policy “raises significant constitutional concerns and could be violative of the First Amendment of the United States Constitution.”
• "Preliminary Injunction Against UNC-Chapel Hill, March 2, 2005," March 2, 2005
• "Alpha Iota Omega Files Suit Against UNC-Chapel Hill," FIRE Press Release, August 25, 2004: The Alpha Iota Omega (AIO) Christian Fraternity filed a lawsuit today in federal court against UNC-Chapel Hill. UNC "derecognized" AIO after the group objected to signing a nondiscrimination clause that would have required it to be open to members who did not share the core religious beliefs of the organization. UNC has so far refused to recognize AIO's fundamental First Amendment freedoms, making it necessary for AIO to seek relief in court.
• "Alpha Iota Omega's Legal Complaint Against the University of North Carolina," August 25, 2004
• "FIRE Answers UNC; Congressman Calls for Inquiry into UNC's Actions," FIRE Press Release, August 17, 2004: As part of its continuing effort to restore First Amendment freedoms to UNC-Chapel Hill's chapter of the Alpha Iota Omega Christian Fraternity, FIRE has issued a comprehensive rebuttal of UNC’s public justifications of its unconstitutional actions. In addition, UNC has drawn the attention of U.S. Representative Walter Jones, who is calling on the Department of Education to “examine” UNC’s conduct in this case.
• "FIRE Letter to UNC-CH Chancellor James Moeser, August 16, 2004," August 16, 2004
• "Jones blasts UNC-Chapel Hill for banning Christian student group," Congressman Walter B. Jones News Release, August 16, 2004
• "University of North Carolina at Chapel Hill Denies Recognition to Another Christian Group," FIRE Press Release, August 12, 2004: For the second time in two years, the University of North Carolina at Chapel Hill has derecognized a Christian student organization. According to UNC, a Christian organization seeking to have Christian members is “discriminatory” and cannot have access to campus facilities, services, or programs. UNC's actions are a violation of student rights to free speech, free exercise of religion, and free association.
• "Letter from UNC-CH Chancellor James Moeser to FIRE, August 12, 2004," August 12, 2004
• "FIRE Letter to UNC-CH Chancellor James Moeser, July 23, 2004," July 23, 2004

Media Coverage

• "UNC-Chapel Hill Tries to Spin Away a Major Defeat," Greg Lukianoff and Samantha Harris, Daily Journal, May 25, 2006: The university can spin this case however it wants, but the facts are not on its side. The university wasted countless hours and taxpayer dollars in a failed attempt to exclude a Christian group that only wanted to maintain its Christian identity, and then had to change its policies and recognize the group.
• "Judge Dismisses Lawsuit Brought by Christian Fraternity Against U. of North Carolina at Chapel Hill," Thomas Bartlett, The Chronicle of Higher Education, May 19, 2006:  
• "Campus Left to Christians, Conservatives: Shut Up!," Mark Tapscott, Townhall.com, December 24, 2005: Take California State University at San Bernadino, for example, where administrators refuse to charter the Christian Students Association because the group thinks its members should be professing Christians. Imagine that!
• "Liberating America’s Intellectual Gulags," Charles Mitchell, Campus Magazine, April 15, 2005: French, the new President of the Foundation for Individual Rights in Education, graduated from Harvard Law School in the early 1990s. One might say that anyone with similar credentials ought to know the definition of intimidation – but French’s experience is a bit more personal than that.
• "Judge: Christian frat can ban homosexuals," WorldNetDaily, March 5, 2005: 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.
• "Conformity on campus," Marvin Olasky, World Magazine, December 18, 2004: Raucous students and ideologically identical professors set the tone at America's colleges and universities, but some student movements provide hope for change.
• "UNC's lawsuit saga begins next chapter," Stephanie Newton, The Daily Tar Heel, October 25, 2004: The University is set to respond today to a federal lawsuit that was filed Aug. 25 by a Christian civil rights group when students were just returning to classes. The Alliance Defense Fund stands poised for combat on behalf of Alpha Iota Omega, a three-member Christian fraternity that was denied official UNC recognition. After refusing last fall to sign the nondiscrimination and sexual orientation policies that are required of all UNC organizations, the fraternity members enlisted the support of national civil rights organizations to fight for what they consider their First Amendment right to freedom of association.
• "Christian Fraternity Sues U. of North Carolina Over Chapel Hill's Refusal to Recognize It," Thomas Bartlett, The Chronicle of Higher Education, September 10, 2004: A Christian fraternity at the University of North Carolina at Chapel Hill sued the university in late August for refusing to recognize the group because it does not allow non-Christians to join.
• "Trumpeters of tolerance intolerant," Shaunti Feldhahn, Atlanta Journal-Constitution, September 1, 2004: When I was in graduate school, political correctness was beginning to rear its head. And one of my biggest frustrations was that although my university --- like others --- presented itself as a diverse "marketplace of ideas," only one sort of idea was welcome. Any dissent from the "everything should be tolerated" worldview was suppressed as narrow-minded. Many university students and staff clearly didn't realize the irony of preaching tolerance while being intolerant of those who disagree.
• "The College Code," Jon Sanders, The Wall Street Journal, August 27, 2004: Last fall, the University of North Carolina at Chapel Hill officially "derecognized" the Alpha Iota Omega Christian fraternity. Earlier this week, AIO filed a lawsuit in U.S. District Court to get its recognition restored.
• "A fraternity struggles for freedom," David French, The News and Observer, August 27, 2004: PHILADELPHIA -- The year was 1956, and the NAACP faced a grave challenge to its civil rights advocacy in the South. The State of Alabama had just ordered the NAACP to produce a list of all "members" and "agents" of the NAACP that were operating in Alabama.
• "Christian fraternity sues UNC," Laura Newman, The Chronicle (Duke University), August 27, 2004: Like most educational institutions, the University of North Carolina at Chapel Hill requires its organizations to strictly observe a nondiscrimination policy when recruiting members. Although this policy may not seem unusual, at UNC it has led a Christian fraternity to sue the University.
• "Group files suit against University," Emily Steel, Daily Tar Heel, August 26, 2004: All eyes were on members of the Alpha Iota Omega fraternity Wednesday afternoon as they stood in the middle of the Pit - amidst a mass of reporters and swarms of students - and formally declared the federal lawsuit they have filed against the University.
• "Christian frat to sue UNC over free speech," Eric Ferreri, The Herald-Sun, August 25, 2004: CHAPEL HILL -- A Christian fraternity that had its official recognition revoked is planning to sue UNC, alleging that the university has violated the constitutional rights of the group's members.
• "Christian fraternity sues UNC over official recognition," Margaret Lillard, The Charlotte Observer, August 25, 2004: A Christian fraternity that refused to adopt the University of North Carolina at Chapel Hill's nondiscrimination policy sued Wednesday because it was denied official campus recognition.
• "Anti-Christian charges probed," George Archibald, Washington Times, August 19, 2004: The Education Department's civil rights office has opened a second discrimination investigation of the University of North Carolina at Chapel Hill, which is accused by a congressman of "abusive policies" against Christian students.
• "Anti-bias policy that's silly," Dennis Rogers, The News & Observer, August 18, 2004: It's tough being a liberal. I can hardly get through the day without my knee jerking or my heart bleeding. But sometimes the hardest part is staying in step with the liberal marching band. For instance, it's easy to say that discrimination is wrong, wrong, wrong. Oops, there goes my jerking knee again. Except that it isn't always wrong. Sometimes it's just fine.
• "Jones is backing fraternity; Christian group, UNC in dispute," Jane Stancill, News & Observer, August 18, 2004: UNC-Chapel Hill's dispute with a Christian fraternity has drawn the attention of U.S. Rep. Walter Jones, who has asked the federal government to look into the matter.
• "UNC administrator implicated in newspaper theft," Mike Adams, Townhall.com, August 16, 2004: UNC administrators had better stock up on Maalox because it’s going to be a long week in Chapel Hill. Just last week the university was exposed for de-recognizing a Christian group without due process for an unthinkable transgression; they wanted to limit membership in the Christian group to people who are actually Christians.
• "University cuts off Christian fraternity," WorldNetDaily, August 15, 2004: For the second time in two years the University of North Carolina finds itself embroiled in a First Amendment dispute with Christian groups on campus.
• "Religion again issue at UNC-CH; Civil liberties group questions school's action against Christian fraternity," Jane Stancill, The News & Observer, August 13, 2004: UNC-Chapel Hill is once again facing criticism about students' religious freedom on campus.
• "Student group refuses to sign policy," Eric Ferreri, Chapel Hill Herald, August 13, 2004: CHAPEL HILL -- UNC has declined to officially recognize a Christian student organization because the group has refused to sign a nondiscrimination policy.
• "UNC rejects religious fraternity," Associated Press, The Charlotte Observer, August 13, 2004: A Christian student organization which refused to sign a nondiscrimination policy has been denied official recognition by the University of North Carolina at Chapel Hill.
• "Carolina’s Covert Religious War," Mike Adams, Townhall.com, August 12, 2004: In my career as a professor, I have noticed that college administrators often try to do things in private that they could never defend in public. That is why publicity is usually the best remedy when college administrators abuse their authority.  Supreme Court Justice Louis Brandeis probably put it best when he said that “Sunlight is the best disinfectant.”
• "Univ. of North Carolina Won't Recognize Christian Group," NewsMax, August 12, 2004: For the second time in less than two years, the University of North Carolina at Chapel Hill (UNC) has denied recognition to a Christian group, claiming that the group's desire to limit its membership to Christians constitutes "discrimination."
• "The Campus Crusade Against Christ (revisited)," Mike Adams, Townhall, June 5, 2003