Eleventh Circuit says Religious Group is Prevailing Party for Purpose of Fees Award
November 7, 2011 - The Eleventh Circuit Court of Appeals has reversed the district court’s denial of prevailing party status for attorneys’ fee purposes in Beta Upsilon Chi v Machen, 586 F.3d 908 (11th Cir. 2009).
Christian Legal Society attorneys represented the Christian fraternity Beta Upsilon Chi (“BYX”), in challenging its denial of recognition by the University of Florida because of its requirement that its members and leaders share its religious beliefs. In 2008, the district court denied a preliminary injunction on the merits. On appeal, the Eleventh Circuit granted an injunction pending appeal.
Six weeks after the oral argument in the Eleventh Circuit, during which the panel appeared likely to rule in BYX’s favor, the University of Florida reversed course and adopted a new policy, allowing religious groups to have religious requirements for their leaders and members.
The Eleventh Circuit then ruled that the new policy mooted the case. The district court determined that BYX was not a prevailing party except for the limited work done on the injunction pending appeal. Now the Eleventh Circuit has reversed and determined that BYX is the prevailing party. The case returns to the district court.