Business Leaders in Christ v. Univ. of Iowa

991 F.3d 969

BUSINESS LEADERS IN CHRIST, an unincorporated association, Plaintiff - Appellant

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; William R. Nelson, in his official capacity as Executive Director, Iowa Memorial Union, and in his individual capacity, Defendants - Appellees

Foundation for Individual Rights in Education; 24:7; Chi Alpha; Christian Medical & Dental Associations; Jewish Coalition for Religious Liberty; Ratio Christi; Asma T. Uddin, Amici on Behalf of Appellant(s)

No. 19-1696

United States Court of Appeals, Eighth Circuit.

Submitted: September 22, 2020

Filed: March 22, 2021

Rekha Sharma-Crawford, Sharma-Crawford Attorneys At Law, LLC, Kansas City, MO, for Petitioner.

Christina Greer, Trial Attorney, Carl H. McIntyre, W. Daniel Shieh, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent.

Before SMITH, Chief Judge, BENTON and KOBES, Circuit Judges.

SMITH, Chief Judge.

Business Leaders in Christ ("BLinC") filed suit against the University of Iowa ("University"); Lyn Redington; Thomas Baker; and William Nelson,¹ alleging that the University defendants violated its First Amendment rights through the application of the University's Policy on Human Rights ("Human Rights Policy"). On cross-motions for summary judgment, the district court held that the University defendants violated BLinC's First Amendment rights to free speech, expressive association, and free exercise of religion. As a result, the court granted BLinC permanent injunctive relief, thereby prohibiting the University defendants from enforcing the Human Rights Policy against BLinC under certain conditions. But the court granted qualified immunity to the individual defendants on BLinC's money-damages claims, concluding that the law on free speech, expressive association, and free exercise of religion was not clearly established.

BLinC appeals, arguing that the district court erred in granting qualified immunity to the individual defendants because its free speech, expressive association, and free exercise rights were clearly established. We hold that the district court erred in granting qualified immunity to the individual defendants on BLinC's free-speech and expressive-association claims; however, it correctly granted qualified immunity to the individual defendants on BLinC's free-exercise claim. Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. Background

A. University's Policies

As a state institution of higher education, the University permits students to form student organizations. A student organization is defined as "a voluntary special interest group organized for educational, social, recreational, and service purposes and comprised of its members." App. Volume I-B of Pl.’s Statement of Material Facts in Supp. of Mot. for Summ. J. at 114, Bus. Leaders in Christ v. Univ. of Iowa , No. 3:17-cv-00080-SMR-SBJ (S.D. Iowa 2018), ECF No. 71-3. These groups "are separate legal entities from the University" and may "exist [on campus] whether or not the University endorses them." Id.

The University registers student organizations under its "Registration of Student Organizations" policy. Id.² To become a registered student organization (RSO), the applying group must be 80 percent University students; obey local, state, and federal law; and have purposes consistent with the University's educational objectives. An RSO enjoys several 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. A student organization interested in registering as an RSO must "write a constitution" and "hold a Pre-registration meeting with appropriate [University] staff." Id. at 115. Thereafter, University staff review the student organization's proposed constitution and application for RSO status and submit it to the University's Student Organization Review Committee for final review.

The RSO policy provides that every RSO must "adhere to the mission of this University, its supporting strategic plan, policies, and procedures." Id. at 114 (underline omitted). One of those policies is the University's Human Rights Policy. It states, in relevant part:

The University of Iowa brings together in common pursuit of its educational goals persons of many nations, races, and creeds. The University is guided by the precepts that in no aspect of its 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. These principles are expected to be observed in the internal policies and practices of the University; specifically in the admission, housing, and education of students; in policies governing programs of extracurricular life and activities; and in the employment of faculty staff and personnel. Consistent with state and federal law, reasonable accommodations will be provided to persons with disabilities and to accommodate religious practices. The University shall work cooperatively with the community in furthering these principles.

Pl.’s Resp. to the Individual Defs.’ Statement of Undisputed Material Fact at 4, Bus. Leaders in Christ v. Univ. of Iowa , No. 3:17-cv-00080-SMR-SBJ (S.D. Iowa 2018), ECF No. 84-1.

The University does not have an "all-comers policy." See Christian Legal Soc. Chapter of the Univ. of Cal., Hastings Coll. of the Law v. Martinez , 561 U.S. 661, 668, 130 S.Ct. 2971, 177 L.Ed.2d 838 (2010).³ Instead, the University's RSO policy's membership clause provides:

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.

App. Volume I-B of Pl.’s Statement of Material Facts in Supp. of Mot. for Summ. J. at 115. In addition, the RSO policy sets forth the following nondiscrimination clause:

Membership and participation in the organization must be open to all students without regard to 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. The organization will guarantee that equal opportunity and equal access to membership, programming, facilities, and benefits shall be open to all persons.

Id. The University requires all organizations to include this nondiscrimination clause in their constitutions to earn RSO status.

Although the RSO policy requires that an RSO "must be open to all students without regard to" the protected traits set forth in the Human Rights Policy, including race, creed, color, religion, sex, sexual orientation, and gender identity, id. , the University has approved constitutions of at least six RSOs that expressly limit access to leadership or membership based on race, creed, color, religion, sex, and other characteristics that the Human Rights Policy protects. First, Love Works requires leaders to sign a "gay-affirming statement of Christian faith." Defs.’ Resps. to Pl.’s Statement of Material Fact at 7, ¶ 17, Bus. Leaders in Christ v. Univ. of Iowa , No. 3:17-cv-00080-SMR-SBJ (S.D. Iowa 2018), ECF No. 82-2. Second, 24-7 requires leaders to sign and affirm a statement of faith and live according to a code of conduct, including abstaining from sexual conduct and relations outside of traditional marriage.

Third, House of Lorde holds membership "interview[s]" to maintain "a space for Black Queer individuals and/or the support thereof." Id. at 11, ¶ 24 (alteration in original). Fourth, the Chinese Students and Scholars Association limits membership to "enrolled Chinese Students and Scholars." Id. Fifth, the Hawkapellas, an "all-female a cappella group" requires a "vocal audition[ ]" for membership. Id. Sixth, the Iowa National Lawyers Guild requires all members to agree with the group's goal of bringing about "basic change in the structure of our political and economic system." Id. at 8, ¶18.⁴

B. BLinC

In spring 2014, students from the University's Tippie College of Business formed BLinC. BLinC registered as an RSO that fall. "BLinC 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. at 34, ¶ 99. BLinC members participate in weekly meetings, which include prayer, Bible discussion, and spiritual reflection. BLinC represents that it is a "Bible-based group that believes the Bible is the unerring Word of God." Id. at 40, ¶ 126. It believes that homosexual relationships are "outside of God's design" and "that every person should embrace, not reject, their God-given sex." Id. at 65, ¶ 222. "BLinC's beliefs are based on its sincere religious interpretation of the Bible, and are not something it can ‘change’ simply because the University disagrees with them." Id. at 67, ¶ 230.

BLinC's officers are responsible for...