Court to take 1st action in lawsuit against UNC

The fate of three UNC students and their Christian fraternity is in the hands of lawyers today.

The Greensboro court hearing of the “Alpha Iota Omega Christian Fraternity v. Moeser” case could have significant ramifications — not only for the UNC fraternity but for First Amendment applications on campuses nationwide.

“It is an exciting time,” said fraternity member Jonathan Park. “We have a lot of expectations.”

While members of AIO said they will have little opportunity to participate, they plan to attend and to show support for their cause.

The students are fighting for official University recognition of their fraternity as a student organization — a designation that was denied when they refused to sign UNC’s nondiscrimination policy.

The policy, which all student organizations are required to sign, lies at the crux of the lawsuit.

Any group seeking University funding must not require members to practice or adhere to a particular religion, the policy states.

Representatives from the Alliance Defense Fund, a Christian legal group founded to defend religious liberties, will argue today on behalf of the fraternity members, who want to restrict membership in AIO to Christian men.

“The University, under the First Amendment, cannot require student organizations to sign the nondiscrimination statement the way it is written,” said ADF lawyer Jordan Lorence. “The liberal prevailing orthodoxy blinds people to the fact that they are suppressing voices of dissidents.”

Lawyers from the N.C. Department of Justice will be representing the University.

Noelle Talley, spokeswoman for the Justice Department, said via e-mail that her office cannot comment on ongoing litigation.

UNC officials also have been instructed not to comment on the pending case.

The University is arguing that a balance must be struck between the First and 14th amendments, which mandate freedom of association and protection against discrimination.

“Our policy is legally well-bounded — this is the best placement for us to be in,” Chancellor James Moeser said during an interview last August, when the controversy emerged. “We are trying with utmost diligence to be responsive and faithful to the United States Constitution and interpret it to the best of our ability with the best minds we have available.”

Lorence said he expects the judge to make one of three decisions:

• Approve ADF’s proposal for a preliminary injunction to reinstate the fraternity’s status until the lawsuit is resolved;
• Approve UNC’s motion for a dismissal; or
• Deny both motions and take the case to trial.

Lorence said this case and similar nondiscrimination lawsuits across the country are “cutting edge” in the interpretation of religious liberties on campuses.

AIO leaders said they hope the case will generate more awareness of what they say is a long-standing University problem.

“We just want there to be a resolution — a consensus — so that stuff like this won’t happen to another organization,” Park said. Trevor Hamm, AIO president, said that despite the controversy and work involved in the lawsuit, the fight has been worth it.

“There was no other option,” he said. “This is what we had to do. This is a matter of integrity and honesty.”

University Editor Emily Steel contributed to this article.
Contact the University Editor at udesk@unc.edu.