Atlanta, USA - A Christian fraternity asked federal judges Wednesday to recognize the group as part of student life at the University of Florida, despite a school rule that bars Gator groups from discriminating based on religion.
Beta Upsilon Chi lawyers told a three-judge panel of the 11th U.S. Circuit Court of Appeals that the university's policy threatens their core beliefs and that inviting non-Christians would undermine their mission.
"They're not going to be as open if everyone in the group is not sharing their Christian values," fraternity lawyer Tim Tracy said.
University lawyer Chris Bartolomucci said student groups are an extension of the educational process and should be open to intellectually curious students. He said no non-Christians have attempted to join the fraternity to hijack it, a hypothetical concern raised by the judges during a hearing in Atlanta.
"Suppose 50 atheists appear and all become members?" asked Judge Gerald Tjoflat.
The university said Beta Upsilon Chi is welcome to operate on campus, just not with the school's support.
The court in July temporarily ordered the school to recognize Beta Upsilon Chi while the case moves forward. But the 16-member group fears if it is not made a permanent part of student life, it will be deprived of meeting space and the ability to advertise and recruit on campus, Tracy said.
"Is it not true that they are disadvantaged in significant ways?" asked Chief Judge J.L. Edmondson. "The policy here concerns me deeply as a matter of constitutional law."
Tracy said while the school has a right to prohibit broad and destructive discrimination, Beta Upsilon Chi should not be included. He said that those on campus curious about Christianity can seek out several other organizations at the school.
Beta Upsilon Chi, also known as Brothers Under Christ, was founded in 1985 and has about 20 chapters nationwide.