Legal Question in Civil Litigation in Texas

Re: Termination from a sorority

If your organization has an effective "morals clause" in a membership agreement signed by the member, that would be helpful. However, your organization probably has the right to include or exclude whomever your wish as long as it's not discriminatory.

Re: Termination from a sorority

One of the joys of supporting this Board is the chance to be challenged by questions such as this one. One could practice law for a lifetime and not be presented with this kind of mental/legal surprise.

The answer is that sororities are privately-chartered organizations subject to a fairly complex set of rules and regulations imposed by the educational institution where they are located. Other than full compliance with those rules/regs, the sorority is generally free to enact such other rules and regulations for the internal governance of the sorority as the members approve, usually through the board of directors. So long as those rules and regulations do not violate any laws or constitutional provisions, they will be upheld. One cannot discriminate on the basis of race, for example, but surely a sorority discriminates on the basis of sex.

The US Supreme Court recently ruled that the boyscouts could refuse membership to gay people. By anology one would conclude that surely your sorority is eligible to project its standards of morality upon its members, but of course not on non-members, because that is one of the basic tenants of the sorority - high moral character as well as high scholastic standards.

So, it is my opinion that while she can sue just as can anyone, it is doubtful that she can prevail. My money is on the sorority to win this one within the legal system.