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

At the University of North Carolina at Chapel Hill a Christian fraternity, Alpha Iota Omega (AIO), was stripped of its recognition after UNC administrator Jonathan Curtis declared that the fraternity was required to add an unconstitutional "nondiscrimination" clause to its student group constitution. AIO objected to the "nondiscrimination" clause because it would have forbidden the group from considering religion when determining "membership and participation" in the group. FIRE wrote to the university on AIO's behalf outlining the group's rights to freedom of association and religious liberty but the university was unmoved. FIRE teamed up with the Alliance Defense Fund and filed suit, and eventually AIO was granted the right not to enact the nondiscrimination clause.

Case Materials

• "Victory for Freedom of Association at UNC-Chapel Hill," 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," 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," 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," 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,"
  by Greg Lukianoff and Samantha Harris, Daily Journal, May 25, 2006
• "Judge Dismisses Lawsuit Brought by Christian Fraternity Against U. of North Carolina at Chapel Hill,"
  by Thomas Bartlett, The Chronicle of Higher Education, May 19, 2006
• "Campus Left to Christians, Conservatives: Shut Up!,"
  by Mark Tapscott, Townhall.com, December 24, 2005
• "Liberating America’s Intellectual Gulags,"
  by Charles Mitchell, Campus Magazine, April 15, 2005
• "Judge: Christian frat can ban homosexuals,"
  , WorldNetDaily, March 5, 2005
• "Conformity on campus,"
  by Marvin Olasky, World Magazine, December 18, 2004
• "UNC's lawsuit saga begins next chapter,"
  by Stephanie Newton, The Daily Tar Heel, October 25, 2004
• "Christian Fraternity Sues U. of North Carolina Over Chapel Hill's Refusal to Recognize It,"
  by Thomas Bartlett, The Chronicle of Higher Education, September 10, 2004
• "Trumpeters of tolerance intolerant,"
  by Shaunti Feldhahn, Atlanta Journal-Constitution, September 1, 2004
• "The College Code,"
  by Jon Sanders, The Wall Street Journal, August 27, 2004
• "Christian fraternity sues UNC,"
  by Laura Newman, The Chronicle (Duke University), August 27, 2004
• "A fraternity struggles for freedom,"
  by David French, The News and Observer, August 27, 2004
• "Group files suit against University,"
  by Emily Steel, Daily Tar Heel, August 26, 2004
• "Christian fraternity sues UNC over official recognition,"
  by Margaret Lillard, The Charlotte Observer, August 25, 2004
• "Christian frat to sue UNC over free speech,"
  by Eric Ferreri, The Herald-Sun, August 25, 2004
• "Anti-Christian charges probed,"
  by George Archibald, Washington Times, August 19, 2004
• "Anti-bias policy that's silly,"
  by Dennis Rogers, The News & Observer, August 18, 2004
• "Jones is backing fraternity; Christian group, UNC in dispute,"
  by Jane Stancill, News & Observer, August 18, 2004
• "UNC administrator implicated in newspaper theft,"
  by Mike Adams, Townhall.com, August 16, 2004
• "University cuts off Christian fraternity,"
  , WorldNetDaily, August 15, 2004
• "Religion again issue at UNC-CH; Civil liberties group questions school's action against Christian fraternity,"
  by Jane Stancill, The News & Observer, August 13, 2004
• "UNC rejects religious fraternity,"
  by Associated Press, The Charlotte Observer, August 13, 2004
• "Student group refuses to sign policy,"
  by Eric Ferreri, Chapel Hill Herald, August 13, 2004
• "Univ. of North Carolina Won't Recognize Christian Group,"
  , NewsMax, August 12, 2004
• "Carolina’s Covert Religious War,"
  by Mike Adams, Townhall.com, August 12, 2004
• "The Campus Crusade Against Christ (revisited),"
  by Mike Adams, Townhall, June 5, 2003