A Legal History: University Recognition of Homosexual Organizations.

This paper discusses the legal precedents that have supported the official recognition of homosexual organizations by universities and colleges. Among the court cases that are reviewed are the following: (1) Brandenburg v. Ohio (1969), which ruled that expressions not inciting unlawful behavior may not be subject to government restraint; (2) Healy v. James (1972) and Wood v. Davison (1972), which ruled that First Amendment rights of freedom of association applied to students, and as a result, official university recognition was necessary to protect that right; (3) Gay Students Organization of the University of New Hampshire v. Bonner (1974), which ruled that mere speculation of future illegal activity was an insufficient reason for regulation by the university; and (4) Gay Rights Coalition of Georgetown University (1981, 1983) and Gay Rights Coalition v. Georgetown University (1987), a nearly decade long struggle which culminated in the decision that the Catholic university had denied recognition of the association based on the groups' sexual orientation, not just because the groups' purposes and activities conflicted with Catholic doctrine. It is concluded that, based on these court cases and others, the courts will not allow college and university administrators to control the philosophical nature of student organizations nor the lifestyles of those individuals with whose ideas they disagree. Contains seven references. (GLR)