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Here’s an update on the ongoing Brothers Under Christ suit against the University of Florida. This is interesting news, and I just received it in an email last night (since I’m a BYX alum).
UF originally denied the local chapter status as a student organization because of a requirement for members to be Christians. (Beta Upsilon Chi / BYX is centered on “cell groups” as they work to “establish brotherhood and unity among college men based upon the common bond of Jesus Christ,” so they feel members of this unique community should be Christians.) Oral arguments before the 11th Circuit Court of Appeals took place in December.
(My original post describing all this is here.)
Based on what BYX is reporting, on January 15th UF sent a motion to the court indicating that they have met BYX’s requests and asking the court to dismiss the suit.
However, BYX has chosen to request a ruling (instead of accepting the dismissal). Based on what BYX national leadership wrote the alumni tonight, they have made this choice for the following reasons (presumably while working closely with their representation):
- They feel the arguments given last month went really well, and they feel this request by UF evidences that fact.
- The university could reverse its policy changes in the future if a ruling is not handed down.
- A ruling in BYX’s favor would require the university to pay the fraternity’s legal fees, which obviously helps the Christian Legal Society representing them.
- A ruling in BYX’s favor would establish precedent for both future Brothers Under Christ chapters and other Christian organizations.
I do know that some people feel national precedent of this kind is needed for college ministry as a whole. Many similar cases elsewhere have simply been settled out of court, which (when favorable) can be great – but it doesn’t necessarily stop future problems from occurring.
Still, this is obviously risky on the part of Brothers Under Christ, since the justices could decide against them.
I don’t know enough about this case to make a judgment call on the merits, etc., but I did want to report. If you know more, feel free to comment. And however it ends up, this could definitely impact American college ministry.
[I posted an update about this case on January 31st, 2009.]
While at Texas A&M, I had the privilege of joining Beta Upsilon Chi, also known as Brothers Under Christ. (The Greek initials are BYX, prounounced “Bucs.”) BYX now has 23 chapters in 11 states.
Those guys – well, specifically the brothers in the University of Florida chapter – are in a pretty big legal battle to become a recognized student group. As a Christian fraternity that focuses on small groups (the core of BYX is “cell group” accountability and discipleship for every member), they restrict membership to Christians. However, this apparently runs afoul of the University of Florida‘s religious discrimination rules.
In July, the 11th Circuit Court of Appeals granted a temporary injunction against the U of F, allowing BYX to operate on campus this semester. But tomorrow, the case will actually be argued at the 11th Circuit Court at 9am.
Whatever your stance on the merits, this is an important case for college ministry, since it can be a precedent for future trials. Even though most of our college ministries are “open” ministries (allowing non-Christians to participate at some level), there will still be a lot to watch regarding the decision – including its wording and the “whys” involved in the decision.
BYX is represented by the Center for Law & Religious Freedom and the Alliance Defense Fund.
For more on the news, see the summary and links at the Christian Legal Society or more links from BYX here (including some FoxNews stuff, articles from the University newspaper, etc.).
To send a note of support: admin -at- betaupsilonchi.org.
Meanwhile, if you’re interested, here are things they suggested people could pray for!
- Tim Tracey of the Christian Legal Society, as he argues the case for Beta Upsilon Chi
- the judges who are hearing the case
- the chapter members at Florida, who have been enduring this for 18 months
- safe travel for the members from other chapters and national staff who are traveling to the hearing
- that this might be the end of the case, if that’s what the Lord wants
- most importantly, that Jesus would be glorified in our words and actions.
[I posted an update about this case on January 31st, 2009.]



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