Univ of NC fraternity sues for "right" to ban Jews, homosexuals and WINS

[Nothing Without Hope]

This is the opening salvo in a big story. It's a setup by a background organization planning to take it all the way to the Supreme court in order to fight anti-discrimination law; the fraterity is serving as a prop or front for the real plan.

The story is in two parts at Pandagon. Here is how it starts:

Reader Niky R. wrote to tell my about something he found troubling. He says, "My school, the University of North Carolina, has been fighting a 'fraternity' that claims the right to discriminate against non-Christians ... the new frat seems to be mainly a cover for a radical-right challenge in the courts to nondiscrimination policies across the country."

Niky thinks that this deserves more attention -- and I agree.

My research indicates that the fraternity is the creation of a megachurch founded by a former member of the cult-like Maranatha Ministry.

And the non-profit doing the suing (a group founded by James Dobson, D. James Kennedy, etc.) gave presentations to campus Christian groups, challenging them to fight their school's non-discrimination policies so they'd get suspended and the group could sue on their behalf, hopefully taking the case all the way to the Supreme Court.

And this week the fraternity won an injuction that is being touted as a victory for Christianity and conservatism, in that it gives them the right to discriminate against homosexuals and non-Christians.

Don't you hate being the victim of a scam?

(snip -- much more in the two links, Part I and Part II)

The Little Frat That Sued - Pt. 1:
http://www.pandagon.net/mtarchives/004710.html#more

The Little Frat That Sued - Pt. 2:
http://www.pandagon.net/mtarchives/004711.html

(This is a repost of a thread posted yesterday in the Religious freedom/Church & State issues forum.)

Edited to add: I just saw that there is another thread in this forum with a shorter version of this story but without the links to the full Pandagon report on it. However, the link in the other thread does have information on events at some ofther universities as well:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=221x8202

[TwentyFive]

1. So bigotry & hate, sanctioned by government, is making a comeback?

Hail to the white, heterosexual, christian fundamentalists. Everybody else, move to the back of the bus.

It's the republican way.

[Nothing Without Hope]

15. You need to ask!? Oh, and you MUST check this out...

It's an animation titled "Becoming Republican," and it is excellent. Both very funny and devastatingly true. The humor comes partly from the extremes portrayed, but the devastation comes from their being close to accurate. Don't miss it!

The "Becoming Republican" animation is linked to in the OP of this thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x1640702

[Nicholas D Wolfwood]

2. I'd like to see the judge's decision on that one

If he found that no federal funds and only student fees were being given to the fraternity, then the judge really wouldn't have much choice in the matter and would have to allow the group their right to peacefully assemble. It's an extremely difficult distinction to make, and I would think there would be plenty of grounds for an appeal on the decision. On edit: the school still doesn't HAVE to give the group money.

Of course, if they don't actually get any money at all from the school, there's absolutely no ground to stand on and no hope for an appeal.

[Nothing Without Hope]

8. Here's part of it - it will curl your hair. They are planning worse

There's a lot more info in the two Pandagon reports and their links, and I encourage people to read it all.

Here's part of the first one (with tongue firmly in cheek for the third paragraph):
And now Judge Bullock has issued a preliminary injunction in the frat's favor. He wrote that the injunction puts the frat "on the same footing as nonreligious organizations which select their members on the basis of commitment," which seems to be a crock, since you don't have to a true believer to join the other clubs, you just have to want to join.

Bullock's order also said that the university's nondiscrimination policy "raises significant constitutional concerns and could be violative of the First Amendment of the United States Constitution."

And he's right, you know, because every group should be allowed to discriminate against gays and non-Christians and still get funding form student fees and use campus facilities and computers, as long as said discrimination is part of their religion.

Note the paragraph I've highlighted. That's what this is really all about - they want to set up a playacting case that can be litigated in appeals all the way to the Supreme Court. With the blivet**'s presumed newly appointed Rehnquist replacement, the pseudoreligious creeps behind this suit think they can get a judgement that strikes down antidiscrimination laws. This is why this is more than just a stupid story about a southern college and a homophobic, antisemitic judge. This is why we need to watch this unfold and take action -- spreading the word, organizing, and applying pressure -- when and where it is needed. This is no laughing matter.

[Sandpiper]

11. Talk about an activist judge

He's invented from whole cloth a new First Amendment right:

The right of a discriminatory group to be officially recognized and funded by a public institution.


In other words, under this judge's reasoning, the University would be obliged to charter a whites-only, campus chapter of the Ku Klux Klan.

[Nothing Without Hope]

13. Exactly. And they have big plans to make it official

by litigating this all the way to the SCOTUS, where, with the blivet**'s replacement for Rehnquist installed, they have a chance of striking down existing antidiscrimination laws by "reinterpreting" the First Amendment.

[Sandpiper]

16. Rehnquist isn't the one we'd have to worry about in this case

Rehnquist is, if nothing else, a predictable old bigot who likely would side with the fraternity. If Rehnquist croaks and gets replaced by another wingnut, they haven't really gained anything in the voting makeup of the court.

Rehnquist, Slappy, and Fat Tony are locks to vote for the fraternity.


It will all come down to how Kennedy and O'Connor vote.

[Sandpiper]

3. Where does the First Amendment say

That a group that practices discrimination has a fundamental right to recognition and funds from a public institution?


This isn't another Boy Scouts case. This isn't a private organization invoking rights of free association, this a group that is seeking official recognition from a University, a public, tax-supported entity.


It doesn't suprise me that some nutty southern judge upheld this. It's in the backyard of Billy and Franklin Graham after all. Thank goodness for the appellate process.

[Nothing Without Hope]

12. They are counting on the blivet**'s new SCOTUS judge

to make it possible to strike down existing antidiscrimination law by reinterpreting the First Amendment. They are planning to litigate this all the way to the SCOTUS and have very deep pockets. The fraternity is just there to furnish a test case for this process.

[Czolgosz]

20. Actually, Billy Graham isn't such a bad guy. He's a Democrat and he's

not afraid to call bullshit on Shrub's imaginary conversion stories:
<http://blog.democrats.com/node/838/trackback>

[LiberalinNC]

4. Pure Hatred! And they call themselves "christians"!

The funny part of the story is, is that there is only 3 members of the UNC @ Chapel Hill "Christian" Fraternity.

[Nothing Without Hope]

9. The fraternity is just a front for the group behind this to be able to sue

They hope to be able to strike down antidiscriminatory laws. This is no laughing matter. It doesn't matter how many people are in this fraternity, it's the laws that are important.

[autorank]

5. Hey, welcome to the Young Republican's fraternity! Guys, bite me.

While only briefly in a fraternity, we had an answer for hourse like this and it wasn't pretty.

[Placebo]

6. We need to start gay-only fraternities then...

if they can do it so can we! Although, why a gay Jewish man of sound mind and judgment would want to join a frat like that is beyond me!

[Nothing Without Hope]

10. This is a test case deliberately arranged to target antidiscrimination law

That's what this is really about. The huge pseudoreligious group behind it is after much bigger game than college fraternities. I recommend reading through the two Pandagon Reports. I think this is a case that needs to be watched carefully and that it may become necessary to do more than watch.

[BR_Parkway]

32. Actually, a Gay Religion - we can interpret those Biblical verses

that are constantly used against us in our favor instead. We'd be protected under the first amendment, raise money without paying taxes, threaten people that they are going to hell if they pick a candidate that doesn't support our "moral values" AND be eligible to use Faith Based funding to support teens having coming out issues, or pay their way with housing and school when their parents throw them out of the house.

Screw the Gay Agenda, I want a church!

[sui generis]

7. that's okay

discrimination works both ways.

I'd like to propose that we deny any service or sale to anyone we can identify in one of these groups.

[DaDeacon]

14. Private Org. can do whatever it wants ...

I'm black and not joining the Klan, folks they not only don't want you but are fighting to keep you out! if there were NO other frats i'd understand but this is alot of fuss about stupidy.

[Nothing Without Hope]

17. The fraternity is just a tool, the point is the organizaton behind this

They've set the fraternity up to be a test case, and they plan to use the litigation process to drive this suit to the Supreme Court. Their ultimate goal is to have antidiscrimination laws struck down by having the court, with its new Rehnquist replacement appointed by the blivet**, "reinterpreting" the First Amendment and anything else these bigots find irritating.

So this stupid little fraternity with three members is only important because it provides a legal basis to launch a litigation campaign aimed at striking down antidiscrimination laws.

[Nothing Without Hope]

18. What I am saying is that this case's development needs to be WATCHED

as it develops. If the appeal process runs into a dead end with the bigots losing further appeals and their suit defeated, then no problem until the next time a campaign like this is launched.

If the pseudoreligous organization of bigots SUCCEEDS in pushing this up the litigation ladder, then action will be needed.

[tubbacheez]

19. Public impact is the key issue here.

Sure, this is probably just a test to see if the Hard Right can get away with bigger cases later. Heck, I wouldn't be surprised if the sole reason these 3 guys formed a fraternity was to file this particular suit.



But this group provides no public services. Membership accords no substantial benefits (like prestige or career connections). It's basically a clique of 3 friends with a formal name.

If they get no state or federal support, the ruling seems just to me. All of us, even bigoted asshats, have the right to peacably assemble into their own clubs.



Things become very different if this clique grows into quasi-public institution though. Like country clubs and supermarkets, if they provide significant public services or benefits, case law says they could lose this absolute right to exclude.

[Nothing Without Hope]

21. It isn't really a private group, it uses school resources and money

From the first Pandagon report:

UNC responded by withdrawing official recognition of the fraternity, which kept the group from having access to student fee money, campus meeting rooms, or the school's computer server. The Alliance Defense Fund filed suit on the frat's behalf, but the University refused to back down, insisting that all student groups must have open memberships. (The Chancellor is quoted in the WorldNetDaily article as saying, "For example, Baptist student groups are open to Presbyterian students; Jewish student groups are open to Christian students; the Italian Club is open to Korean students; and the Black Student Movement is open to white students.")

This is where the judge stepped in and ruled against the University.

[tubbacheez]

30. The extent of school resources used is vague.

There are a lot of things to hash out. And much of it will test how well the school's policies are written out.


Official recognition is a dubious distinction. What elements are required to get it? This is something the university has to spell out. I can see a lot of wrangling ahead on this issue.

The process isn't over, in my view. This whole situation reeks of a set up, designed to climb through appeals process as high as they can go and with as much fanfare as they can muster.



I'm paying attention to the reasoning and arguments they use. That's where the greatest danger lies.

One controversial decision isn't the end.

[Sandpiper]

22. But they are seeking State support

They are seeking official recognition from a State-funded institution, and arguing that their beliefs exempt them from the chartering requirements that every social organization on campus is subject to.

I agree that it is just a group of three people, but larger principles are at stake here and larger forces are at work behind the scenes. The camel has stuck its nose in the tent.

[tubbacheez]

28. Requesting is one thing. Getting it is quite another.

Oh definitely, these guys seem to have a very sharp and detailed plan for provoking as big of a fight as they can.



I think their request for state support should be duly denied.

[Nothing Without Hope]

29. EXACTLY!!! You've neatly summarized my concerns.

In the worst possible scenario, this could end up in the SCOTUS and antidiscrimination laws could be vulnerable.

[BigBearJohn]

23. Thank God for DU and its members. Ever vigilant, ever watchful!

my 900th post!! Hooray!

[Nothing Without Hope]

26. Congratulations! Glad to see you here & look forward to the next 900 n/t

[Nothing Without Hope]

24. Oh, and by the way, the campus has a recent history of gay hate crimes

(From one of the links on the Pandagon Report, Pt. 1 -- this part is cited in the report and more is available at the link given there.)

The ruling came only days after students at the university demonstrated to show support for a gay student who was taunted and beaten.

The student was attacked by a gang of six or seven men last Friday as he walked along a street. Police have labeled the beating a hate crime.

At least the university students demonstrated against this crime, though that doesn't heal any bruises or prevent the next one.

[Nothing Without Hope]

25. IS THERE ANYONE HERE WHO WILL VOLUNTEER TO WATCH THIS?

This is the needed action for now - just to watch and report on significant new developments in this case.

[Sandpiper]

27. Do you happen to know the Case Name?

If so, I keep track of it on LexisNexis or Westlaw.

[Nothing Without Hope]

31. Would you be willing to do that? I don't have those resources

EDITED TO ADD: AFTER SENDING THIS POST I FDID FIND THE CASE NAME AND THE COMPLETE TEXT OF THE JUDGE'S RULING - SEE MY SECOND REPLY TO YOUR POST

-----------------------------------------

II don't know the case name, and indeed there may not be an official one yet; this is an injunction:

From the World Net Daily article on this (http://worldnetdaily.com/news/article.asp?ARTICLE_ID=43170), dated March 5 and linked to in the first Pandagon report:
The preliminary injunction, issued by U.S. District Court Judge Frank W. Bullock Junior, will permit Alpha Iota Omega access to student funds and university facilities, like other fraternities on campus. The order will remain in force until the issue of compliance with the university's policy against discrimination is settled, most likely in court.

I have posted a comment on the Pandagon article asking for the case name and asking if the progress of the case would be tracked at Pandagon. The page on which it appeared along with the main article is here:
http://www.pandagon.net/mtarchives/004710.html

This injunction is just the first step, but the organization behind this action has its eyes on a number of oher universities and has no end of big plans. I strongly urge you to read the full two Pandangon reports; the second one really shows how far these people intend to go -- there is a cached PowerPoint presentation by one of them that has as the last slide "Destination: U.S. Supreme Court!"

As I said, please read both Pandagon reports. Then we can decide how to watch this.

[Nothing Without Hope]

34. I found the case name and a PDF file of the judge's ruling here

They were at the web site of the organization behind this action, Alliance Defense Fund:
http://www.alliancedefensefund.org/news/default.aspx?mid=800&cid=3358

The case name is
Alpha Iota Omega Christian Fraternity v. Moeser

A PDF file of the full text of the judge's ruling is here:
www.telladf.org/userdocs/AIOvM_PI_Order.pdf

Here is an excerpt from this ADF page on the UNC injunction:
“This order is great news for our clients,” said ADF Senior Counsel Gary McCaleb.  “This injunction is the judge’s clear signal that the university’s policies are most likely unconstitutional and that there is a strong probability that we will ultimately prevail in this case.”

The injunction was issued in the case Alpha Iota Omega Christian Fraternity v. Moeser in the U.S. District Court for the Middle District of North Carolina.  Officials with UNC-Chapel Hill pulled the fraternity’s recognition as an official student organization last year because its leaders would not agree to a non-discrimination policy that would require the group to admit non-Christian members.  Judge Frank Bullock today ordered the school not to apply the policy while the case is in litigation.

“The Supreme Court has ruled repeatedly that organizations like Alpha Iota Omega have the right to determine their own membership,” McCaleb said.  “The judge had to issue this order because the university stubbornly refused to alleviate the problem with its policy in a consent decree, as he ordered last month.”

Judge Bullock wrote in today’s order that “a policy which imposes conditions for the receipt of benefits on a religious organization not imposed on non-religious organizations raises significant constitutional concerns and could be violative of the First Amendment….”  The full text of the judge’s order can be read at www.telladf.org/userdocs/AIOvM_PI_Order.pdf.

ADF is America’s largest legal alliance defending religious liberty through strategy, training, funding, and litigation.

[Name removed]

46. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Nothing Without Hope]

33. Read the 2nd part of the report to see the grand plans behind this

Be sure to read the full reports, including the 2nd one (http://www.pandagon.net/mtarchives/004711.html), which details the stated plans of the organization behind this action at UNC, the Alliance Defense Fund (ADF). It has its eyes on a number of other universities where it also wants to attack antidiscrimination policies:

University of Minnesota
Michigan State
University of North Carolina at Charlotte
New Mexico State University
Ohio State University
Florida State University
University of Oklahoma
University of North Carolina at Chapel Hill
University of California, Berkley
University of Wisconsin
University of Colorado

At one of the links in the 2nd report (http://www.pfaw.org/pfaw/general/default.aspx?oid=4457) People For The American Way describes the ADF:
ADF has linked over 125 groups to create a combined effort to fight issues and on behalf of their views. ADF has brought together attorneys and allied legal groups to help develop a national strategy on controversial social issues, for example it has worked to develop a national strategy to “protect marriage” across the United States after Vermont's decision to legalize civil unions for gays and lesbians.

In addition to organizing lawyers and ministries, ADF also trains and recruits and provides grants to support legal cases as well as pro-bono assistance.

ADF also defends the right of Christians to “share the gospel” in workplaces and public schools, claiming that any efforts to curb proselytizing at work and school are anti-Christian.

ADF’s strength goes beyond their budget, and extends much further due to their influence with well-funded religious-right groups.

Two issues that all of the founders have in common is their work against the right to abortion, and gays and lesbians. They are particularly tireless in attacking any and every attempt by gays and lesbians to have families, domestic partnership or civil unions, or be protected from discrimination in employment or housing.

(This is just an excerpt from the People for the American Way site, which has a lot of info on the ADF and on dozens of other RW organizations. The 2001 budget for the ADF, by the way, was $15 million.) Here is ADF's web site:
http://www.alliancedefensefund.org/main/welcome.aspx
It is chilling to read, but it does tell us something of what they are doing. The case name and a pdf file of the ruling are here, for example, in their report of the injunction:
http://www.alliancedefensefund.org/news/default.aspx?mid=800&cid=3358

I'll post some excerpts on this, including the case name and the pdf file link in a separate post on this thread.

[Behind the Aegis]

35. New Frat

A group needs to come together and start a similar frat that denies entrance to Christians only. I know there are Christians that our allies, but they can be used to attack the other frat. It will be hypocrisy, but it will drive home a great point. The liberal Christians will be able to say that what their right-wing "brothers" are doing is making for a hostile environment where Christians can be persecuted. The other group (the "anti"Christian frat) can use University money and that will outrage the right-wing, who will cry discrimination. Then, we can turn to them and show them discrimination against ONE group hurts us all. IT is an involved plan, but it would point several issues of hypocrisy and right-wing stupidity. Just a thought.

[tubbacheez]

36. Start a well-funded tolerance club and have more fun than the bigots. nt

[Behind the Aegis]

37. A good idea too! n/t

[skippythwndrdog]

38. What's the problem?

Shouldn't a club or frat or other private social club be able to include or exclude whoever they want? If I started the "Cry at the End of 'Old Yeller' Club", I should be able to exclude anybody who didn't cry at the end of the movie. Not all discrimination is bad, my aunt's country club discriminates based upon social standing and wealth, that's OK. The Catholic Church won't allow non-Catholics to partake in Communion. That's OK. If a club doesn't want gays, or doesn't want straight folks, that's OK too. That is their prerogative of freedom of association. If they were a public accomodation, it would be a wholly different story.

[Nothing Without Hope]

39. The issue is, it's NOT a private club but officially state-supported

via the university resources (rooms, utilities, computers, publications, etc.) and pooled student fees. These fraternities are officially recognized by the State. The organization that is pursuing this as a test case wouldn't bother for a private club, and in that case I'd agree with you -- as long as they caused no harm to others, they could go in their private rooms and howl at the moon stark nekkid covered with melted cheese for all I care. This is aimed at government-run organizations and ultimately at the antidiscrimination laws themselves. It's a long-term strategy aimed at overthrowing key legislation.

[skippythwndrdog]

44. Around here, frats are not university supported.

They are supported solely by dues and donations. If state money goes to them, then, I would agree.

[goodhue]

43. state action

eom

[lala_rawraw]

40. Hey

Send me all of this, will pass on to editor, if okay with you:)

By the way, College Nazi's I assume, anyone happen to have a list for the national rethuglicans college nazis?

[Nothing Without Hope]

41. Hello LLRR! Let me know what you want me to do.

Everything I have posted here has come either from the links to the two-part (so far) report at Pandagon which are cited given in the OP or found by pursuing through links within those articles. There is some truly amazing stuff. I suggest you read completely through the two-part Pandagon report -- which isn't all that long and is packed with information and links -- and then through my posts on this thread. Then tell me what you want me to send you.

There are some amazing links in there. Have you ever heard of the progressive watchdog organization People For The American Way? (http://www.pfaw.org/pfaw/general) I hadn't. They keep files on RW organizations and have much other useful material. For example, their file on the pseudoreligious political organization behind the UNC suit (and which has grand plans indeed), ADF (Alliance Defense Fund), is quite interesting:
http://www.pfaw.org/pfaw/general/default.aspx?oid=4457
And then ADF itself has all sorts of info in its web site (http://www.alliancedefensefund.org/main/welcome.aspx) including, but not limited to, the UNC case.

So please read the two-part Pandagon report in the OP and my posts in this thread and get back to me with what you want me to send you. Should I write a rough draft article for you guys to do with what you will? Or send you bits and pieces that you specify? Let me know.

Whatever happens, this needs to be WATCHED, and we have the case name so it can be done on LexisNexis or Westlaw. ADF also needs to be watched, for it has all sorts of irons in the fire of which this is only one. I am looking for someone to commit to doing this monitoring.

[lala_rawraw]

45. email me

a summary/pitch thing or write the article and if it looks good then you are all mine:) i mean we are looking for a few writers, just not advertising yet:)

[Nothing Without Hope]

42. Thinking some more about this

How about a list of links, with brief explanatory comments, for the sources of info in the story? That would be a rather long list, but put into this format it would be manageable. I also found some interesting things in a few of the comments made to the two parts of the report at the Pandagon site and have the contact info for the people who made them.

Again, let me know what you want.