BUSINESS LEADERS IN CHRIST v. UNIVERSITY OF IOWA

• Decision Date: 06 February 2019
• Docket Number: No. 3:17-CV-00080-SMR-SBJ,3:17-CV-00080-SMR-SBJ
• Parties: BUSINESS LEADERS IN CHRIST, an Unincorporated Association, Plaintiff, v. The UNIVERSITY OF IOWA; Lyn Redington, in Her Official Capacity as Dean of Students and in Her Individual Capacity; Thomas R. Baker, in His Official Capacity as Assistant Dean of Students and in His Individual Capacity; and William R. Nelson, in His Official Capacity as Executive Director, Iowa Memorial Union, and in His Individual Capacity, Defendants.
• Court: U.S. District Court — Southern District of Iowa

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BUSINESS LEADERS IN CHRIST, an Unincorporated Association, Plaintiff, v. The UNIVERSITY OF IOWA; Lyn Redington, in Her Official Capacity as Dean of Students and in Her Individual Capacity;

Thomas R. Baker, in His Official Capacity as Assistant Dean of Students

and in His Individual Capacity;

and William R. Nelson, in His Official Capacity as Executive Director,

Iowa Memorial Union, and in His Individual Capacity, Defendants.

No. 3:17-CV-00080-SMR-SBJ

United States District Court, S.D. Iowa, Davenport Division

February 6, 2019

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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Daniel H. Blomberg, Pro Hac Vice, Eric S. Baxter, Pro Hac Vice, The Becket Fund for Religious Liberty, Matt M. Dummermuth, U.S. Department of Justice, Washington, DC, Christopher D. Hagenow, Whitaker Hagenow & Gustoff LLP, Des Moines, IA, for Plaintiff.

George A. Carroll, Iowa Attorney General, Des Moines, IA, for Defendants.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

STEPHANIE M. ROSE, JUDGE UNITED STATES DISTRICT COURT

Civil and human rights laws that prohibit discrimination based on an individual's status— including his or her, gender, race, or sexual orientation— are common. The scope of their protection continues to evolve, but they are a familiar expression of society's values. They reflect a broad consensus as to the evils of discrimination and the benefits of equal opportunity. This case involves a policy of the University of Iowa that, like those laws, prohibits discrimination based on various protected characteristics. But even the most noble government pursuits are bound by the Constitution's protection of individual liberties. This case underscores the importance of pursuing the best-intentioned policies in an even-handed manner.

Plaintiff Business Leaders in Christ ("BLinC") seeks summary judgement in its favor on its various claims that the University violated its First Amendment rights through the application of its nondiscrimination

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policy. [ECF No. 71]. Defendants University of Iowa (the "University"), Lyn Redington, Thomas Baker, and William Nelson resist BLinC's motion and move for partial summary judgment in favor of the individual Defendants on the grounds of qualified immunity. [ECF No. 70]. The Court held a hearing on the parties' cross-motions for summary judgment on February 1, 2019. The matter is fully briefed and ready for decision. As explained below, both motions are GRANTED in part and DENIED in part.

I. BACKGROUND^[1]

The University is a public institution of higher education governed by the Iowa State Board of Regents. [ECF No. 84-1 ¶ 1]. The University allows students to form student organizations, defined as "voluntary special interest group[s] organized for education, social, recreational, and service purposes and comprised of its members." Id. ¶ 21. Such groups are separate legal entities from the University and may exist on campus whether or not they receive official recognition from the University. See id. ¶¶ 22-23.

Some student organizations may register with the University as a Registered Student Organization ("RSO"). See id. ¶ 24. RSO status carries with it many benefits, including, eligibility to apply for funds from mandatory Student Activity Fees, inclusion in University publications, utilization of the University's trademarks, and eligibility to use campus meeting facilities and outdoor spaces. [ECF No. 71-3 at 114]. To be eligible for RSO status, a student organization must have at least five members, of which 80% must be University students, and have "purposes [that] are consistent with the educational objectives of the University, and do not violate local, state or federal law." Id. at 115. Eligible organizations wishing to register as an RSO must first hold a pre-registration meeting with appropriate University staff. See id. University staff will review the organization's proposed constitution and application for RSO status, and then submit it to the University's Student Organization Review Committee for final review. See id. at 116.

University policies impose various restrictions on RSOs. For example, an RSO must "adhere to the mission of [the] University, its supporting strategic plan, policies and procedures." Id. at 114. Also, an RSO's "goals, objectives, and activities must not deviate from established University policies and procedures." [ECF No. 84-1 ¶ 26]. Among those policies is the University's Policy on Human Rights (the "Human Rights Policy"). Relevantly, it states:

[I]n no aspect of [the University's] programs shall there be differences in the treatment of persons because of race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences, or any other classification that deprives the person of consideration as an individual, and that equal opportunity and access to facilities shall be available to all.

Id. ¶ 9. This language, with only minor changes, is incorporated into the constitution of each RSO through a mandatory "UI Human Rights Clause" (the "Human Rights Clause"). See id.¶ 29.

The University does not have an "all-comers policy." [ECF No. 82-2 ¶ 1]. The University's "Registration of Student Organizations"

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policy "encourages the formation of student organizations around the areas of interests of its students, within the limits necessary to accommodate academic needs and ensure public safety." [ECF No. 71-3 at 114]. Thus:

It is the policy of the University that all registered student organizations be able to exercise free choice of members on the basis of their merits as individuals without restriction in accordance with the University Policy on Human Rights. The University acknowledges the interests of students to organize and associate with like-minded students, therefore any individual who subscribes to the goals and beliefs of a student organization may participate in and become a member of the organization.

Id. at 115. Within these parameters, the University has approved the constitutions of numerous RSOs that require members to subscribe to their respective missions. See [ECF No. 82-2 ¶ 18]. For example, the Iowa National Lawyers Guild requires its members to agree with the group's aim of bringing about "basic change in the structure of our political and economic system," and the Latina/o Graduate Student Association limits membership to "[a]nyone who supports the purpose of the organization, and is willing to commit to its objectives." Id.

However, the Registration of Student Organizations policy stresses that membership and participation in an RSO "must be open to all students without regard to" the protected traits listed in the Human Rights Policy— i.e., race, sex, religion, gender identity, sexual orientation, etc.— and RSOs must "guarantee that equal opportunity and equal access to membership, programming, facilities, and benefits shall be open to all persons." [ECF No. 71-3 at 115]. Yet, the University has approved the constitutions of numerous organizations that explicitly limit access to leadership or membership based on religious views, race, sex, and other characteristics protected by the Human Rights Policy.^[2] These groups include Love Works, which requires leaders to sign a "gay-affirming statement of Christian faith"; 24-7, which requires leaders to sign and affirm a statement of faith and live according to a code of conduct (which includes abstaining from sexual conduct and relations outside of traditional marriage); House of Lorde, which implements membership "interview[s]" to maintain "a space for Black Queer individuals and/or the support thereof"; the Chinese Students and Scholars Association, which limits membership to "enrolled Chinese Students and Scholars"; and Hawkapellas— Iowa ("Hawkapellas"), an "all-female a cappella group" with membership controlled by "vocal auditions." [ECF No. 82-2 ¶¶ 17, 24]. Defendant Nelson also testified during a deposition that when certain groups, such as the Iowa National Lawyer's Guild, exclude individuals because of their political views, they violate the Human Rights Policy by discriminating based on an individual's creed. See id. ¶ 442.

Defendants argue that some of these groups continue to exist as RSOs— despite their apparent violations of the Human Rights Policy— due to administrative oversight. [ECF No. 81-1 at 18]. But Defendants also admit that some such groups continue as RSOs "for reasons which support the University's educational mission"

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and the "social purposes of the forum." Id. at 17-18. As an example, Defendants note that some of the groups in question "provide safe spaces for minorities which have historically been the victims of discrimination." Id. at 18.

In the spring of 2014, students from the University's Tippie College of Business formed BLinC. See [ECF No. 82-2 ¶¶ 93-95]. It was registered as an RSO that fall. Id. ¶ 95. BLinC maintains it was founded as a religious organization to help "seekers of Christ" learn "how to continually keep Christ first in the fast-paced business world." Id. ¶ 99. Its members participate in weekly meetings that include prayer, Bible discussion, and spiritual reflection. See id. ¶ 101. The group claims to be a "Bible-based group that believes the Bible is the unerring Word of God." Id. ¶ 126. The group believes homosexual relationships are "outside of God's design" and that "every person should embrace, not reject, their God-given sex." Id. ¶ 222. The parties agree BLinC's beliefs "are based on its sincere religious interpretation of the Bible." Id. ¶ 230.

In March 2016, one of BLinC's members, Marcus Miller, approached the group's then-president Hannah Thompson to discuss his interest in serving on BLinC's executive board. Id. ¶ 109. BLinC's officers are responsible for leading its members in...