More on funding religious groups on campus

[Kevin T. McGuire]

We face a very similar situation here at the University of North 
Carolina.  Recently, a Christian fraternity was denied recognition as a 
campus organization --- and thus denied access to campus funds --- 
because of its refusal to sign the university's non-discrimination 
policy, which prohibits  campus groups from excluding potential members 
on several bases, including religion.

The University maintains that it is bound by various federal and state 
laws not to discriminate, while the group claims that, by being forced 
to accept those who don't share their faith, its First Amendment right 
of association is being abridged.

In some ways, it is similar to the situation presented in the Roberts 
and Rotary cases, but those dealt with large, amorphous organizations 
with no distinct viewpoint.  This is a small (only 3 members at present) 
fundamentalist group, and admitting non-adherents would probably 
undermine its message.  In light of Boy Scouts v. Dale, which I read to 
suggest that the state cannot apply anti-discrimination law against a 
group if doing so would undermine that group's basic message, it seems 
to me that the fraternity probably has the more solid argument.

Does that strike others as sensible, or are there other issues that one 
ought to consider here?
-- 
*Kevin T. McGuire*
/Associate Professor/
Department of Political Science
University of North Carolina at Chapel Hill
Chapel Hill, NC   27599-3265

Telephone 919-962-0431      FAX 919-962-0432
Email: mcguire at unc.edu      Web: http://www.unc.edu/~kmcguire
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