A lawyer advising the Senate told the students last week InterVarsity could not, under the U.S. Constitution, require its leaders to agree to any statement of faith or beliefs. But the most recent Supreme Court decision on campus religious groups only forbade statement of faith requirements if a school had an “all-comers” policy, which would require all groups to be open to all people.

Members of InterVarsity Christian Fellowship at the State University of New York at Buffalo will have to wait until after Christmas to find out whether they can continue to operate as an official student group on campus.

On Dec. 11, the school’s Student Association Senate postponed a vote on InterVarsity’s status to give an investigating committee more time to determine whether the group violated the school’s nondiscrimination policy.

The Senate suspended the Christian campus group more than a week ago after learning the group’s former treasurer left his position when InterVarsity’s student leadership team found out he was gay. Sophomore Steven Jackson claims he was pressured to resign because of his sexual orientation. InterVarsity leaders maintain Jackson’s actions – participating in a sexual relationship outside marriage – violated the group’s constitution, which requires its leaders to sign a commitment of faith and lifestyle pledge.

The student Senate now wants to know whether InterVarsity’s constitution is legal.

School administrators, who ultimately will determine InterVarsity’s fate, have declined to answer questions about their stance on the issue. In a prepared statement released by Spokesman John Della Contrada, administrators said the school valued diversity and would protect individuals from unlawful discrimination of any kind.

“We have asked the UB Undergraduate Student Association and the UB Campus Ministries Association to immediately investigate whether there are discriminatory practices that violate Student Association or university policy, and to take corrective actions if necessary,” the statement read.

“The university will provide appropriate guidance during this investigation and is prepared to take appropriate action, if needed, based on the findings of the investigation.”

A lawyer advising the Senate told the students last week InterVarsity could not, under the U.S. Constitution, require its leaders to agree to any statement of faith or beliefs. But the most recent Supreme Court decision on campus religious groups only forbade statement of faith requirements if a school had an “all-comers” policy, which would require all groups to be open to all people.

InterVarsity’s legal team and members of the Alliance Defense Fund, which argued CLS v. Martinez in 2010, say the case does not apply to schools that do not have an “all-comers” policy. The court expressly did not rule on whether a school could apply an “all-comers” policy selectively. But another case the ADF intends to appeal to the high court this year could answer that question. In ADX v. Reed, lawyers for Christian sorority Alpha Delta Chi argue that San Diego State University violated the group’s religious freedom by denying it the right to select leaders based on belief when other student groups are allowed to limit membership based on criteria like sex or political affiliation.

Until the University at Buffalo student Senate makes its decision, InterVarsity remains suspended and is not allowed to hold official meetings and events or spend any money. The Student Association’s investigative committee will present it’s findings at the group’s first meeting in January, which has yet to be scheduled.

@Copyright 2011 WORLD Magazine – used with permission