BETA UPSILON CHI UPSILON CHAPTER v. MACHEN

No. 08-13332.

586 F.3d 908 (2009)

BETA UPSILON CHI UPSILON CHAPTER AT THE UNIVERSITY OF FLORIDA, a student organization at the University of Florida on behalf of itself and its individual members, Beta Upsilon Chi, Inc., a Texas non-profit corporation, Plaintiffs-Appellants, v. J. Bernard MACHEN, in his official capacity as President of the University of Florida, Patricia Telles-Irvin, in her official capacity as Vice-President for student affairs, Eddie Daniels, Jr., in his official capacity as Execuvit Director of the J. Wayne Reitz Union, Chris Cupoli, in his official capacity as the Director of Student Involvement, Carlos Alfonso, C. David Brown, II, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 27, 2009.


Attorney(s) appearing for the Case

Timothy J. Tracey, Alliance Defense Fund, Washington, DC, Roger K. Gannam, Lindell & Farson, P.A., Jacksonville, FL, Isaac Jong Yon Fong, Gregory S. Baylor, Ctr. for Law & Religious Freedom, Springfield, VA, Kimberlie Wood Colby, Christian Legal Society, Fairfax, VA, for Plaintiffs-Appellants.

H. Christopher Bartolomucci, Hogan & Hartson, L.L.P., Washington, DC, for Defendants-Appellees.

Before TJOFLAT, EDMONDSON and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

Beta Upsilon Chi a/k/a Brothers Under Christ ("BYX") is a Christian fraternity.1 In 2007, the University of Florida ("UF" or "University") denied BYX official recognition because of its refusal to adhere to UF's nondiscrimination policy. BYX thereafter brought this action for declaratory and injunctive relief against the University2 claiming that UF, by requiring it to comply with the...

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