This collection contains legal documents, correspondence, applications, and other materials related to the VCU Gay Alliance of Students (GAS) and its court case against the university from 1974 to 1976. The case, Gay Alliance of Students v. Matthews was one of the first LGBTQ+ student organizing cases to reach the federal appellate level. The ruling effectively changed existing law in the five states within the jurisdiction of the Fourth District Circuit: Maryland, Virginia, North Carolina, South Carolina, and West Virginia.
The Gay Alliance of Students (GAS) was founded as a student organization in September 1974. GAS was organized to create a "unified support community for men and women of all sexual orientations, serve as an informative resource to the university and surrounding community, and assist the university in creating a positive institutional image by addressing and combating discrimination based on gender and sexual preference." On September 5, GAS member Barbara C. Kriegel and faculty advisor Stephen M. Lenton submitted an application for registration to the VCU Office of the Dean of Student Life. In the six years since VCU founding in 1968, 144 groups had completed this process, which granted organizations the ability to reserve space on campus, apply for student activity funds, and access a variety of other services. Instead of approving the application, the Office of Student Life referred it to Vice President of Student Affairs Richard Wilson, who brought it before the Board of Visitors (BOV). GAS was the first group denied registration by the VCU BOV, which voted 7-2 against recognizing the organization.
On October 17, 1974, VCU’s BOV denied GAS’s application on the grounds that the "existence of GAS as a recognized campus organization would tend to attract other homosexuals to the University." The decision prompted responses from students and campus organizations, some of whom voiced opposition in the Commonwealth Times. On April 9, 1975, local attorney John M. McCarthy filed a suit on behalf of GAS, arguing that VCU violated the students’ First and Fourteenth Amendment rights. Represented by Virginia’s assistant attorney general, the university defended its denial by offering four reasons: “1) GAS would increase opportunities for homosexual contact; 2) the existence of GAS as a registered organization would encourage some students to join the organization who otherwise might not join; 3) being involved in GAS could be socially and psychologically harmful to individuals; 4) and GAS would tend to attract more homosexuals to VCU.” (Hevel and Cain, 60).
On November 7, 1975, Judge District Judge D. Dortch Warriner issued a summary judgement in the case. While he ultimately upheld VCU’s decision, his ruling was shaped by recent case precedents in Healy v. James and Gay Students Org. of U. of New Hampshire v. Bonner. Warriner determined that GAS was constitutionally entitled to five benefits of a student organization: “1) access to University facilities for meetings and events; 2) free advertising in the student newspaper and on the campus radio; 3) use of bulletin boards; 4) being listed as an organization in the student directory; 5) and being provided a booth during orientation.” However, he ruled that the denial of three other benefits did not violate the First and Fourteenth Amendment rights of the students: 1) receiving advising from university staff, 2) the ability to apply for funds from the student government, and 3) the ability to register. Ultimately, “[GAS] had achieved most of the rights that would normally accompany registration, though not registration itself as Warriner allowed VCU to treat GAS as a second-class student organization” (Hevel and Cain, 63). Following the decision, GAS spokesperson Walter A. Foery and Lenton issued a press release noting that the group would appeal the decision.
The ACLU declined to take up the case, prompting Foery and Lenton to seek support from other organizations, including National Gay Student Center and the Lambda Legal Defense and Education Fund. To help cover expenses, much of which Foery had been paying himself, they organized a dance to raise legal funds. After attorney John M. McCarthy unexpectedly closed his practice, Richard E. Crouch assumed the case and represented GAS before a three-judge panel of the Fourth Circuit of the US Court of Appeals on June 7, 1976. On October 28, 1976, the court ruled in favor of GAS, citing that VCU’s denial of registration was a breach of the students’ First Amendment rights.
The legal victory allowed GAS to return to its original mission of providing education and community to LGBTQ+ students at VCU. In 1979, GAS changed its name to Lambda League. By the 1980s, the Gay Alliance of Students was known as the VCU Gay Student Alliance.
Additional research information
The VCU Gay Alliance of Students Collection is housed in the Special Collections and Archives housed in Special Collections and Archives at James Branch Cabell Library. The finding aid is available here.
More historical information on GAS and the 1974-1976 court cases is available:
- “’We Didn’t Think It Would be Well Received’: The Gay Alliance of Students’ Legal Victory over Virginia Commonwealth University, 1974–1976” by Michael S. Hevel and Timothy Reese Cain via University of Arkansas’s ScholarWorks@UARK
- ”Inside the fight to win VCU’s official recognition of the university’s first LGBTQIA student organization” by Brian McNeill via VCU News.
Copyright
This collection is of mixed copyright status and includes items that are in the public domain as well as items that are of unknown copyright status. See individual items for item-specific copyright information.
Credits
This collection was gathered and donated to VCU Special Collections by Walter A. Foery. Katie Condon digitized the materials in 2025. Irina Rogova created the metadata in 2025. Much of the text for this landing page was sourced from the finding aid and from research conducted by Michael S. Hevel and Timothy Reese Cain.
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GAS Membership
One page typewritten document listing the names, addresses, and phone numbers of members of the Gay Alliance of Students.
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Gay Alliance of Students Statement of Purpose, 1974
One page handwritten document listing five items in the Gay Alliance of Students Statement of Purpose. Transcription:
"The Gay Alliance of Students exists
To bring together in a unified and supportive community men and women of all orientations who oppose discrimination, especially discrimination based on sex, and sexual or affectional preferences.
To establish a forum on human sexuality, emphasizing the gay experience.
To serve as a resource to the university and, in concert, with other organizations, the community.
To improve the quality of student life especially gay student life, by identifying, evaluating and increasing the university's responsiveness to our needs.
To assist the university in building a more positive institutional image.
ODU
Bob Abrams
503 Dunmore St
Apt E
Norfolk" -
Gay Alliance of Students Statement of Purpose, 1974
One page typewritten document listing five items in the Gay Alliance of Students Statement of Purpose.
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Gay Alliance of Students (GAS) Application for Registration as a Student Organization, 1974 September 5
Brenda C. Kriegel
Typewritten four page form filled in by a typewriter, with handwritten signatures of Brenda C. Kriegel and Stephen M. Lenton. The heading on the form reads "Virginia Commonwealth University, Office of the Dean of Student Life" and includes a stamp reading "Sep 1974 Received by the Office of Student Life." The form contains information about the Gay Alliance of Student's application for registration as a student organization at VCU.
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Gay Alliance of Students (GAS) Application for Registration as a Student Organization, 1974 October 2
Brenda C. Kriegel
Typewritten three page form filled in with handwritten text, with the signature of Brenda C. Kriegel. The heading on the form reads "Virginia Commonwealth University, Office of the Dean of Student Life" and includes a stamp reading "Sep 1974 Received by the Office of Student Life." The form contains information about the Gay Alliance of Student's application for registration as a student organization at VCU. This appears to be a second copy of the original application.
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Notice, United States District Court for the Eastern District of Virginia, Gay Alliance of Students, 1975 June 10
John M. McCarthy
Two page typewritten notice filed in the U.S. District Court for the Eastern District of Virginia to several individuals for them to appear for depositions on June 23, 1975 at the offices of Venable & McCarthy, Attorneys at Law, Inc. for Gay Alliance of Students v. Matthews. It is signed by John M. McCarthy, lawyer for GAS. The document was filed with the Clerk on June 10, 1975.
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Deposition Subpoena to Testify of Produce Documents or Things, United States District Court for the Eastern District of Virginia, Gay Alliance of Students v. Matthews to Walter Foery, 1975 June 19
United States. District Court (Virginia : Eastern District : Richmond Division)
One page typewritten document from the U.S. District Court for the Eastern District of Virginia to Walter Foery to attend the Office of the Attorney General to give a deposition on June 26, 1975 in regards to Gay Alliance of Students v. Matthews.
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Notice to Take Depositions, United States District Court for the Eastern District of Virginia, Gay Alliance of Students, 1975 June 20
Andrew P. Miller and Walter H. Ryland
Two page typewritten notice filed in the U.S. District Court for the Eastern District of Virginia to several individuals for them to appear for depositions on June 23 and 26, 1975 at the offices of Office of the Attorney General for Gay Alliance of Students v. Matthews. It is signed by Andrew P. Miller and Walter H. Ryland, counself for Alfred T. Matthews, et al. The document was filed with the Clerk on June 20, 1975.
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Letter from William J. Thom to Walter A. Foery, 1975 July 25
William J. Thom
One page typewritten letter from William J. Thomas, President of Lambda Legal Defense & Education Fund, to Walter A. Foery. Thomas mentions that the Gay Alliance of Students (GAS) lawsuit against VCU has been brought to their attention by the National Gay Task Force (NGTF) and offering the support of Lambda Legal.
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Letter from Nathalie Rockhill to Walter A. Foery, 1975 July 25
Nathalie Rockhill
One page typewritten letter from Nathalie Rockhill, National Coordinator of National Gay Task Force (NGTF) to Walter A. Foery. Rockhill connects Foery with Bill Thom, Director of Lambda Legal Defense and Education Fund in regards to Gay Alliance of Students v. Matthews.
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Letter from Harry F. Byrd to Walter Foery, 1975 August 5
Harry F. Byrd
One page typewritten letter from Harry F. Byrd, the U.S. Senator from Virginia, to Walter A. Foery. Byrd acknowledges the receipt of Foery's letter concerning H.R. 5452, likely referring to bill H.R. 5452 - Civil Rights Amendments from the 94th Congress (1975-1976).
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Letter from William L. Scott to Walter A. Foery, 1975 August 6
William L. Scott
One page typewritten letter from William L. Scott, the U.S. Senator from Virginia, to Walter A. Foery. Scott acknowledges the receipt of Foery's letter concerning H.R. 5452, mistyped 5454 in this letter, likely referring to bill H.R. 5452 - Civil Rights Amendments from the 94th Congress (1975-1976).
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Letter from R.G. Armistead to Walter A. Foery, 1975 August 6
R.G. Armistead
One page typewritten letter from R.G. Armistead, Administrative Assistance to Virginia Congressperson David E. Satterfield III, to Walter A. Foery. Armistead acknowledges the receipt of Foery's letter concerning H.R. 5452, likely referring to bill H.R. 5452 - Civil Rights Amendments from the 94th Congress (1975-1976).
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Letter from Sasha Gregory-Lewis to Walter A. Foery, 1975 September 9
Sasha Gregory-Lewis
One page typewritten letter from Sasha Gregory-Lewis, News Editor at The Advocate, to Walter A. Foery. Gregory-Lewis thanks Foery for information about the Gay Alliance of Students (GAS) and asks about the upcoming court case in which GAS sued Virginia Commonwealth University.
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![Gay Alliance of Students Press Release, [1975 November 7]](https://scholarscompass.vcu.edu/gas/1033/thumbnail.jpg "Gay Alliance of Students Press Release, [1975 November 7]")
Gay Alliance of Students Press Release, [1975 November 7]
One page typewritten press release GAS regarding the court decision and their plan to appeal in Gay Alliance of Students v. Matthews. The document has no date but was likely created shortly after the November 7, 1975 decision.
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![Gay Alliance of Students Press Release, [1975 November 7]](https://scholarscompass.vcu.edu/gas/1032/thumbnail.jpg "Gay Alliance of Students Press Release, [1975 November 7]")
Gay Alliance of Students Press Release, [1975 November 7]
One page typewritten press release from Walter Foery, President of GAS, and Stephen M. Lenton, GAS Advisor, regarding the court decision in Gay Alliance of Students v. Matthews. The document has no date but was likely created shortly after the November 7, 1975 decision.
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Memorandum, Gay Alliance of Students v. Matthews, United States District Court for the Eastern District of Virginia Richmond Division, 1975 November 7
Twenty-two typewritten pages and two handwritten pages (on the back of typewritten pages) memorandum by Judge D. Dortch Warriner, United States District Judge, in regards to Gay Alliance of Students v. Matthews.
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Notice of Appeal, United States District Court for the Eastern District of Virginia, Gay Alliance of Students v. Matthews, 1975 November 7
United States. District Court (Virginia : Eastern District : Richmond Division)
One page typewritten document from the U.S. District Court for the Eastern District of Virginia signed by Walter Foery. It is a notice of appeal to the judgement in Gay Alliance of Students v. Matthews.
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Letter from Walter A. Foery to Sasha Gregory-Lewis, 1975 November 17
Walter A. Foery
Two page typewritten letter from Walter A. Foery to Sasha Gregory-Lewis, News Editor at The Advocate updating Gregory-Lewis on the status of the Gay Alliance of Students (GAS) lawsuit against Virginia Commonwealth University.
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Letter from Bruce Voeller to John M. McCarthy and Walter Foery, 1975 November 19
Bruce Voeller
One page typewritten letter from Bruce Voeller, Executive Director of National Gay Task Force (NGTF) to Walter Foery. Voeller mentions Marilyn Haft, Director of the Sexual Privacy Project at the ACLU. He also mentions Philip Hirschkop and Associates, Inc., who were handling a case for the Virginia Civil Liberties Union. This case appears to be Doe v. Commonwealth's Attorney of Richmond.