Gay Rights Coalition of Georgetown University v. Georgetown University

496 A.2d 567, 27 Educ. L. Rep. 167, 1985 D.C. App. LEXIS 447
CourtDistrict of Columbia Court of Appeals
DecidedJuly 30, 1985
Docket84-50, 84-51
StatusPublished
Cited by4 cases

This text of 496 A.2d 567 (Gay Rights Coalition of Georgetown University v. Georgetown University) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gay Rights Coalition of Georgetown University v. Georgetown University, 496 A.2d 567, 27 Educ. L. Rep. 167, 1985 D.C. App. LEXIS 447 (D.C. 1985).

Opinions

[568]*568FERREN, Associate Judge:

Granting partial summary judgment, the trial court ruled that Georgetown University’s refusal to “recognize” two gay rights groups as “official” student organizations violated the District of Columbia Human Rights Act’s prohibition against discrimination by an educational institution based upon “sexual orientation.”1 After a trial on the University’s constitutional defense, however, the court, sitting without a jury, ruled for Georgetown, holding that the University’s right not to recognize these groups was protected by the free exercise clause of the First Amendment. Georgetown has not challenged on appeal the trial court’s ruling that the University’s actions unlawfully discriminated on the basis of sexual orientation. Nor does either side contend that “recognition” of an “official” student organization obligates the University to provide a financial subsidy; for our purposes here, “recognition” is an intangible. The only issue on appeal, therefore, is whether Georgetown’s unwillingness to “recognize” the gay rights groups — as that concept is to be understood — must be excused on the ground that the Human Rights Act, as applied, impermissibly interferes with the University’s constitutional right to the free exercise of religion. We hold that the Constitution does not afford Georgetown its claimed protection.2 We therefore must reverse judgment for the University and order the trial court to enter judgment for appellants.3

I.

In 1979, two student organizations — the Gay People of Georgetown University (GPGU) on the main campus and the Gay Rights Coalition (GRC) at the Georgetown University Law Center — applied for “University recognition.” The University turned both groups down, claiming that such recognition would imply endorsement of the groups’ goals and activities and that, in light of the Church’s teachings on homosexuality, such “endorsement would be inappropriate for a Catholic University.” .

More specifically, GPGU sought recognition as an official student organization on two occasions: in January 1979 and again, during the next term, in November 1979. Each time the Student Activities Commission (SAC) and the Undergraduate Student Senate approved the application, but the controlling University administrator then rejected it. That rejection was sustained at every level of University review, including (on the second occasion) a review by President Healy.4

[569]*569Similarly, in December 1979, GRC sought formal recognition by applying to the Law Center’s Committee on Student and Faculty Life. The Committee unanimously approved the application, and a substantial majority of the law faculty voted to endorse that decision. However, the Dean of the Law Center, whose concurrence was necessary for final approval of a student organization, interposed a veto.

A.

There was considerable confusion at trial as to what “University recognition” means. GPGU’s first application was governed by the criteria set forth in a document entitled “What Your Club Needs to Know” (WYCNTK), which was in force during the 1978-79 school year.5 WYCNTK directed student organizations to apply through SAC for recognition, using a two-step process. As to the first, if an organization met each of several “guidelines” or neutral criteria — such as having a minimum of 12 members, being open for membership to the entire University community, submitting a written constitution, and serving “some educational, social, or cultural purpose” — the group would be entitled to a Student Government Charter which granted “official recognition as a legitimate activity of the student body.” This charter, moreover, would entitle an organization to use University facilities, to list events on the monthly student activities calendar, to apply for lecture fund privileges, and to receive financial counseling from the SAC Comptroller.

After obtaining a Student Government Charter, a group could attempt to meet WYCNTK’s “second group of criteria” by applying, initially through SAC, for “University recognition and funding.” These criteria were not very specific. WYCNTK noted that, “[i]n general, a group must adhere to the University’s educational mission” and that “[cjertain groups, whose scope and purpose may be of an immediate, special interest, will not be funded” since their “activities may not truly reflect the sentiments of the student body whose tuition payments would fund these activities.” 6 WYCNTK accordingly stressed funding priorities for “educational, service, artistic or culturally oriented” groups, as well as for athletic and campus ministry groups. It limited funding of political groups to those which “serve an educational as opposed to a specifically political purpose.”

If a group qualified for “University recognition and funding,” it could seek funds for overhead and activities in addition to the facilities support inherent in a Student Government Charter; for example, it could apply for office space and propose a budget for travel expenses, equipment, office supplies, and a telephone.

Although WYCNTK did not specifically say so, it is apparent from that document, and even more clearly from the trial record, that, given SAC’s and the Universi[570]*570ty’s funding priorities and limitations, a group could attain “University recognition” without qualifying for “funding,” other than the financial support inherent in receipt of a Student Government Charter. More specifically, a group could achieve “University recognition,” as such, by retaining the charter (signifying “official recognition as a legitimate activity of the student body”) with the approval, or at least without the disapproval, of the University administration.

But what if the University administration disapproved? Appellants contend that such disapproval was unprecedented, see supra note 4, but they do not argue that the administration lacked authority to prevent “official recognition” in a proper case. It follows that, if the University withheld its recognition, such disapproval would leave a SAC-chartered group, in effect, with only “unofficial” student government recognition.

In sum, although WYCNTK announced a two-step process — “official recognition” through a Student Government Charter and “University recognition and funding” —that process presupposed no University veto. Given the University’s authority to veto SAC’s provisional award of “official recognition,” there were, implicitly, three achievable statuses under WYCNTK: student government (unofficial) recognition, University (official) recognition, and funding.

B.

Pursuant to WYCNTK procedure, SAC voted on January 30, 1979, to grant GPGU a charter — with all the attendant recognition and privileges — and made the following statement:

The SAC has granted a charter to the Gay People of Georgetown for the purpose of providing a forum where all students of Georgetown may come to understand the concerns of Gay Students. The recommendation for a charter does not mean that the SAC is making any statement on the rightness or wrongness of homosexuality or is implying that the University is making such a statement.7

The Undergraduate Student Senate approved SAC’s vote on February 4. Two days later, however, the Associate Dean of Student Affairs, William C.

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Related

Gay Rights Coalition of Georgetown University Law Center v. Georgetown University
536 A.2d 1 (District of Columbia Court of Appeals, 1987)
Gay Rights Coalition of Georgetown University v. Georgetown University
496 A.2d 587 (District of Columbia Court of Appeals, 1985)

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496 A.2d 567, 27 Educ. L. Rep. 167, 1985 D.C. App. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-rights-coalition-of-georgetown-university-v-georgetown-university-dc-1985.