Christian Legal Society prepare to sue University

Daily Egyptian

Members of the SIU student chapter of the Christian Legal Society and the Center for Law and Religious Freedom are moving forward with a lawsuit against the University, maintaining University officials abridged its First and Fourteenth Amendment rights when they revoked the organizations status as an SIUC Registered Student Organization in March.

In a letter dated April 5 to law school Dean Peter Alexander, Steven Aden, chief litigation counsel for the Center for Law and Religious Freedom, informed Alexander that a suit challenging the University's revocation of the group's RSO status had been filed in federal court but that they were giving the University until April 15 to rescind its decision before serving the suit.

Casey Mattox, litigation counsel for the Christian Legal Society and the Center for Law and Religious Freedom, which is representing the society, said the University has refused to communicate about the matter and did not respond to the demand letter by the given date, leaving them no choice but to go into litigation.

"They appear to be unwilling to discuss this matter and to not be open to anything other than litigation," Mattox said. "At this point, it appears that we will have to proceed." Neither Alexander nor Provost John Dunn, two of the four individuals named in the suit, were available for comment.

University spokeswoman Sue Davis said the University is in the process of reviewing the case but declined to discuss details about the University's action in the matter. However, Davis hinted that the University is prepared to take the case into litigation.

"We are dealing with a case where there are freedoms and rights on both sides," Davis said. "We like to take care of those things in the courthouse. We think that is the appropriate place for them to be handled." Also named in the suit are Chancellor Walter Wendler and Jessica Davis, director of Law Student Development.

Christian Legal Society is a national association of Christian lawyers, law students, law professors and students that adheres to strict orthodox Christian beliefs and requires all officers and voting members to sign a Statement of Faith in which they agree to abide by biblical standards of morality, including the prohibition of sexual conduct between persons of the same sex.

The SIU student chapter of the organization came under scrutiny in February when an unidentified law student filed a discrimination complaint with the University.

After a review of the organizations membership and leadership policies, the University informed the organization in writing that its policy requiring members and officers to sign the Statement of Faith violated the University's Affirmative Action and Equal Employment Opportunity policy. As a result, the University revoked the chapter's status and privileges as a University RSO.

But the Center for Law and Religious Freedom is maintaining that the University's actions violate the organization's First Amendment rights of expressive association, right of free speech and its right of free exercise of religion, as well as its Fourteenth Amendment rights to guaranteed privileges and immunities of citizenship.

And in an earlier interview with the DAILY EGYPTIAN, Mattox said he is unaware of any federal or state laws that would prohibit an organization from choosing its members based on religious beliefs or how the University can apply its employment policies to student organizations.

SIUC CLS President Winter Ramsey said she was pessimistic the University would reverse its decision and reinstate the organization's RSO status after reading an e-mail Alexander sent to law school students April 7.

Referencing a sentence from the e-mail in which Alexander said, "As long as I am your dean, I will continue to safeguard the rights of all students in order to create for you a safe environment in which to learn and succeed," Ramsey said the University, in an effort to protect others rights, is violating those of CLS.

"I kind of had to chuckle at that because the school's violating our rights," Ramsey said. Mattox declined to say when the suit would be served but said he is optimistic about the outcome.

"There is no SIU policy that prohibits student organizations from choosing their members based on religious beliefs," Mattox said. "Even if there were, that policy would be in violation of the Constitution. So we're very optimistic."