http://www.newsday.com/news/nationworld/nation/wire/sns-ap-fraternity-lawsuit,0,565161.story
I found an article written by an Associated Press reporter about a Christian college fraternity, Beta Upsilon Chi, at the University of Florida. The fraternity is not recognized by the University because it does not allow for non-Christian students. The University's lawyer stated, "student groups are an extension of the educational process and should be open to intellectually curious students." The Fraternity, however, suggests that allowing non-Christians "threatens their core beliefs and that inviting non-Christians would undermine their mission." University policy is that student groups cannot get University recognition if they discriminate based on religion. In July, a court ordered the University to recognize the fraternity temporarily as litigation continues. The judge supported this decision by stating, "Is it not true that they are disadvantaged in significant ways?...The policy here concerns me deeply as a matter of constitutional law."
I think this is a rather bizarre situation because it appears to me that the fraternity should get recognition ONLY if they allow non-Christians to join. The University lawyer dispelled the notion that anyone would try to "hijack" the fraternity, claiming that there have never been attempts by students to do such a thing. If the students make it clear that the fraternity is Christian-based, then I don't believe you're going to see many non-Christian students join, and if some do, then there is no reason to suggest that fraternity cannot establish in its organizational constitution its purpose and goals.
The underlying issue at hand, of course, is the idea of free-exercise v establishment. Certainly a Christian fraternity should gain University recognition but it is not unreasonable to require the fraternity to be accessible to ALL students. I don't believe that by allowing any student to join, the Christian members' free-exercise is being compromised. They are being allowed to have a Christian fraternity, and are allowed to exercise their rights to worship and exercise, but all students should have access to an organization recognized and supported by a public university. If it were a private college, this wouldn't be an issue. The University of Florida is publicly funded and therefore, if Christian groups are going to enjoy the same privileges as other groups, they MUST be open to all interested students otherwise it is a violation of the establishment clause.
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I can understand your argument, but I respectfully disagree. In addition to religion, most universities have discrimination clauses that extend to race, sex, etc. So, what would be the response if a female student insisted on joining a fraternity? Wouldn't many argue that inducting a female student might compromise the fabric of the fraternity? Wouldn't many argue that the female student had dozens of sororities or even co-ed organizations to choose from? The core premise of fraternities and sororities is not just socializing. Nor is it about allowing students " to experience college life." Fraternities and sororities are based on bringing together a group of people who share similar values and common goals. Secular fraternities and sororities choose members based on their values and aspirations every day. I don't see why a Christian organization, that wants to protect and embody it's Christian faith, should be denied university recognition anymore than another Greek organization. I see no difference in their preferences and those of other frats or sororities. It might be one thing if BYX was only founded on "Christian principles" or by all Christians, and as a result the membership was largely Christian. There are many Greek organizations with predominantly Jewish populations. But my understanding is that BYX was created to hold Bible studies, evangelize, and help college-aged men strengthen their Christian faith. In other words, their whole existence is based on Christian faith. And it's for that reason that I understand how having non-Christian members would compromise the design and make-up of the organization.
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