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GAY STUDENT SERVICES v. TEXAS A & M UNIVERSITY

No. 82-2366.

737 F.2d 1317 (1984)

GAY STUDENT SERVICES, J.M. Minton, Keith Stewart and Patricia Wooldridge, Plaintiffs-Appellants, v. TEXAS A & M UNIVERSITY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 3, 1984.

Attorney(s) appearing for the Case

Larry Sauer, J. Patrick Wiseman, Nelson & Mallett, Houston, Tex., for plaintiffs-appellants.

Nan Hunter, Steven A. Rosen, New York City, for amicus — Lambda Legal Defense & Educ. Fund.

M. Robert Schwab, Ross, Banks, May, Cron & Cavin, Thomas J. Coleman, Jr., Houston, Tex., for amicus — Texas Human Rights.

Mark White, Atty. Gen. of Tex., Ann Kraatz, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Wm. Charles Bundren, Dallas, Tex., for amicus — Dallas Doctors.

Nadine Taub, Rutgers University Law School, Newark, N.J., for amicus — American Public Health Assn.

Before BROWN, REAVLEY and WILLIAMS, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Today we address the issue whether a state supported university violates the First Amendment rights of this gay student organization and three of its members by refusing to afford it official recognition. The District Court found that the University's refusal to recognize the group was not based on the content of the group's ideas about homosexuality. Instead, the trial court found that the group had been denied recognition due to the...

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