In Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City University of New York , the U.S. Court of Appeals for the Second Circuit vacated a preliminary injunction, allowing a local college to refuse to recognize a male-only fraternity as an official club.
As part of its educational mission, the College of Staten Island (CSI), part of the City University of New York, promotes pluralism and diversity. To that end, the school has a policy of "provid[ing] services for students without regard to ... sex."
To advance those objectives, CSI recognizes, and confers benefits on, certain student-formed clubs whose goals include the "promotion of service," "spiritual growth and development," and the "promotion and development of cultural diversity and awareness." Additionally, CSI-recognized groups are required to comply with its non-discrimination policy.
In September 2005, Chi Iota Colony, an all-male Jewish fraternity of about 20 members, sought recognition by the college. While the fraternity had existed for years without recognition, a conferral would have given the fraternity access to CSI facilities, eligibility for insurance, the right to use CSI's name, workspace in the Campus Center, and funding from the CSI student government.
When CSI denied its request for recognition, Chi Iota filed suit in U.S. District Court for the Eastern District of New York alleging that CSI's refusal to recognize the fraternity was a violation of its free-association rights under the U.S. Constitution's First Amendment.
When that court granted a preliminary injunction ordering the school to recognize the fraternity, CSI appealed to the U.S. Court of Appeals for the Second Circuit, which reversed.
While the Second Circuit recognized the fraternity's First Amendment rights to association, it balanced those rights against the college's interest in enforcing its non-discrimination policy. Under that standard, closer relationships, such as family members, receive the highest claim to free association rights, while less intimate relationships of shorter duration receive less robust protection.
According to the CA2, Chi Iota's claim to associational rights was relatively weak. The club had no cap on membership, and while there was a "rush" process to admit new members, the court did not find it very selective. Additionally, while members might develop close friendships while in the fraternity, those friendships might only last for three or four years. Significantly, while some meetings were members-only, most fraternity activities took place in public areas like bars, billiard halls, and strip joints.
It was also significant that Chi Iota would continue to exist despite CSI's refusal to recognize them as an official on-campus club.
By contrast, the Second Circuit found CSI's interest in eradicating gender-based discrimination to be quite strong. While fraternities may be permitted under anti-discrimination laws to maintain male-only membership, that did not prevent CSI from instituting a more stringent campus standard.
After balancing those considerations, the CA2 concluded that CSI could not be forced to recognize or confer benefits upon Chi Iota.
Jeez. There goes the budget for this year's toga party!
To download a copy of the Second Circuit's opinion, please use this link: Chi Iota Colony of Alpha Epsilon Pi Fraternity v. City University of New York