A federal
lawsuit filed on Dec. 30 will determine whether Rutgers
University can de facto ban Christian student groups. It may set national policy.
On
campuses across North America, Christian student groups are being
ordered to either accept leaders who violate their beliefs or lose the
official "recognition" that allows them access to university funding
and facilities.
The
universities say the groups' exclusion of gays and non-Christians from
leadership roles is sexual and religious discrimination. The groups
reply that their membership is open to all but their leaders must hold
certain beliefs or the group will cease to be Christian.
Civil
libertarians add that the non-exclusion requirement violates both
freedom of speech and freedom of association. Moreover, the
universities are targeting the leadership of Christian groups while
allowing gay, feminist and minority groups to determine their own
leaders as well as membership.
One student commented
that his university's "Women's Resource Center" holds "a vast array of
events" from which he is explicitly barred from attending. "I was asked
to leave meetings ... because my presence as [a] straight white male
was unwelcome."
In recent months, the debate has heightened.
At Tufts University near Boston, a Christian Fellowship was placed on probation in October. At the same time, Central College
in Pella, Ill., debated whether to strip InterVarsity Christian
Fellowship of official recognition. In both cases, the proximate cause
was the group's refusal to allow homosexuals to serve as leaders.
At Harvard,
a grant to the Harvard-Radcliffe Christian Fellowship was postponed
while administrators assessed the group. The associate dean stated that
requiring leaders to share the Christian beliefs was discrimination.
The
University of North Carolina at Chapel Hill agreed. In December, three
Christian organizations were ordered to remove discriminatory language
from their constitutions or have their recognition revoked. In the wake
of national criticism, the University backed down.
Rutgers
is standing by its suspension of the InterVarsity Multi-Ethnic
Christian Fellowship (IVMECF). The Christian group isn't budging
either. Its lawsuit against Rutgers is being financed by the Alliance Defense Fund,
which supports religious organizations who conflict with government
policy. David French -- the attorney representing IVMECF -- bluntly
states: "You can't have a leader of a Christian group not be a
Christian. That's nonsense."
Given
that Rutgers is a state university -- as are most of those involved --
its actions may also violate its responsibility to respect the
constitutional rights of students.
Several court precedents have found that freedom to exclude
is part and parcel of "freedom of association." Although that phrase
does not occur within the Constitution, Supreme Court decisions have
protected freedom of association as an aspect of the First Amendment's
protection of speech, assembly, petition for the redress of grievances,
and the establishment of religion.
The
protection applies especially to "expressive" organizations -- that is,
to groups dedicated to a specific message or point of view.
For example, in the 1984 decision Roberts v. United States Jaycees,
the court found that the ability to determine membership was essential
to "expressive" organizations. Otherwise, black rights groups could be
shouted down by white members, Jewish anti-defamation groups could be
disrupted by Nazis. Freedom of assembly and free speech would be de facto denied.
But does the First Amendment protect groups with open memberships, which impose leadership restrictions?
The most relevant case is probably Dale v. Boy Scouts of America,
decided by the Supreme Court of New Jersey in January 2000. This case
addressed whether the Boy Scouts -- an organization with relatively
open membership -- could terminate a gay scoutmaster. By a narrow
margin, the court found that groups should not be forced to include
people who would significantly damage "the group's ability to advocate
public or private viewpoints."
Being
forced to include non-Christians in its leadership would certainly
affect IVMECF's religious mission. Indeed, French claims that
universities are conditioning access to campuses "on compliance with an
anti-discrimination position that essentially tears the heart out of
the religious nature of the group."
Ironically,
a victory for Rutgers might be more devastating to its politically
correct policies than a defeat. If Rutgers successfully argues in court
that no organization with "discriminatory leadership" can be officially
recognized, then it may be required to impose that same standard on
every organization -- especially those with discriminatory membership
as well:
Feminist groups on rape
and sexual harassment might have to admit males. Gay groups might have
to welcome straight members. And, as many males and heterosexuals have
discovered, a significant number of those groups viciously discriminate
in both membership and leadership.
The
key difference between such groups and IVMECF is honesty. Every group
must submit its bylaws and constitution for review before being
officially recognized. Politically correct groups include the standard
non-discrimination language of the university, and then act in an
exclusionary manner. Christian groups are refusing to lie. And, so,
they are "derecognized."
If
Rutgers wins, all student organizations may have to apply the
non-discrimination standard not merely in words but in deeds as well.
Or be disbanded. Simply by going to court, the IVMECF has won ...
whatever the verdict turns out to be.