CASE UPDATES

Dan McCarthy, Manley Burke

Updates on three recent cases recently reported on in Fraternal Law:

The University of Iowa has appealed the trial court’s decision in Phi Delta Theta House Assn. and Iowa Beta Chapter of Phi Delta Theta v. State of Iowa, et al.  In that case, the Phi Delta Theta Chapter sued the University of Iowa for secretly and illegally recording an alleged hazing activity.  The University then improperly used the recording to punish the fraternity.  Because of the University’s actions, the fraternity was forced to close its doors.  The Fraternity filed suit, and won a verdict for total damages in excess of  $140,000 in January of this year.  The University vowed to appeal, and it has now done so.  (See March 2007 issue of Fraternal Law.)

The appeal of the Chi Iota Colony of AEPi against the City University of New York, College of Staten Island was argued this summer before the United States Court of Appeals for the Second Circuit.  A federal district court had ruled in AEPi’s favor, finding that as a private social organization it had a First Amendment Freedom of Association right to restrict its membership to men.  The trial court went on to issue an injunction prohibiting the College from denying recognition to the AEPi Chapter because it denied women membership.  The College appealed.  The Appellate Court has not ruled as of press time.  However, on June 20, 2007, the Court issued a brief entry stating in full: “The City University and the related defendants appeal from the district court’s grant of a preliminary injunction.  The preliminary injunction is hereby vacated.  Opinions will issue in due course.”  Since the Court has not fully ruled, the meaning of that action is unclear and it is impossible to predict the ultimate outcome.  However, this is a case that could affect every  Greek chapter in the country.  (See September 2006 issue of Fraternal Law.)

Southern Illinois University at Carbondale settled its lawsuit with the Christian Legal Society.  In that case, the University refused to recognize the CLS chapter because it claimed the chapter violated the University’s antidiscrimination policy.  CLS mandates all members comply with its Christian beliefs on homosexuality.  CLS sued in federal court claiming the University’s actions infringed on their associational rights.  After the U.S. Court of Appeals ruled on CLS’ preliminary injunction that the group was likely to succeed on the merits, the University agreed to recognize CLS, pay their legal fees and set up a scholarship to be controlled by CLS.  (See November 2005 issue of Fraternal Law.)

“Justice, justice shall you pursue.”

Deuteronomy 16:20.