In Beta Upsilon Chi Upsilon Chapter at the University of Florida v. Machen, (11th Cir., Oct. 27, 2009), the U.S. 11th Circuit Court of Appeals dismissed as moot a challenge by a Christian fraternity to the University of Florida's non-discrimination rules for student organizations. Originally BYX was denied recognition as a student organization because it limited membership to those who demonstrated "a credible profession of faith in Jesus Christ," including a literalist view of the Bible and sexual purity. BYX excludes from membership, non-Christians, Catholics and mainline Protestants. University policy prohibits registered student organizations from discriminating on various grounds, including religious beliefs. The district court denied a preliminary injunction. BYX appealed and the 11th Circuit ordered the University to grant recognition to the organization while the appeal was pending. (See prior posting.)
After oral arguments in the 11th Circuit, the University announced that it had changed its policy on recognition of student groups. It now allows religious organizations-- such as BYX-- to limit membership or leadership positions to students who share the religious beliefs of the organization. Over the objections of BYX, the court concluded that no live controversy remained. The Gainesville (FL) Sun reports on the decision.
