In
Intervarsity Christian Fellowship/ USA v. Board of Governors of Wayne State University, (ED MI, Sept. 20, 2019), a Michigan federal district court refused to dismiss a Christian student organization's free exercise, free speech and procedural due process claims against Wayne State University that refused to grant the group recognized student organization status. The University contended that the organization's requirements that its leaders profess the Christian faith violates the University's non-discrimination policy. The court said in part:
[I]nsofar as religious organizations have a clear constitutional right to choose their own ministers without interference from the government, it is far from implausible that they may affirmatively assert a violation of such right in a 42 U.S.C. § 1983 action. Similarly, InterVarsity’s claim based on its right to internal autonomy in religious affairs may state a claim. The court will not dismiss the claims offered (novel though they may be) in Counts 1 and 2.
Counts 3 and 4 allege Free Exercise violations based on targeting of InterVarsity’s religious beliefs and Wayne State applying its policy in a way that it is not generally applicable.... There are more than enough factual allegations to cross the basic threshold of a valid claim.
Detroit Free Press reports on the decision.
