Appeals court upholds religious exemptions for Christian colleges in LGBT discrimination case

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A recent ruling by the 9th U.S. Circuit Court of Appeals has upheld a significant religious exemption for Christian colleges and universities, allowing these institutions to maintain federal funding while adhering to their biblical beliefs regarding LGBT issues. The decision came in a case titled Hunter et al. v. Department of Education, et al., which saw a unanimous panel reject the challenge posed by a group of LGBT students who claimed they faced discrimination based on their sexual orientation or gender identity.

The ruling specifically reinforces the exemptions granted under Title IX, a federal civil rights law. Judge Milan D. Smith, Jr., who was appointed by George W. Bush, elaborated on the court’s stance, noting the historical context of governmental accommodations for religious institutions and affirming that the current exemption aligns with the Establishment Clause of the Constitution.

The crux of the lawsuit involved allegations that certain religious colleges discriminated against LGBT individuals. Elizabeth Hunter, the lead plaintiff, recounted experiences of harassment at Bob Jones University due to her sexual orientation, presenting a personal narrative alongside over 30 other affected students. Institutions like Baylor University, Liberty University, and Brigham Young University were among those cited for their alleged practices that enforced regulations prohibiting same-sex relationships.

Despite the ruling, the Religious Exemption Accountability Project (REAP) expressed its determination to continue advocating for the rights of LGBT students in religious educational settings. REAP plans to leverage all available tools to highlight the issues faced by these students. In their words, the organization emphasized that relying solely on judicial outcomes is insufficient.

The Council for Christian Colleges & Universities (CCCU), representing nearly 200 institutions, praised the court’s decision, affirming that it honored a long-established legal framework. Their response reflected a commitment to maintaining religious principles while navigating the complexities of civil rights in education.

Interestingly, prior court proceedings had already sided with the religious colleges, as noted in the January 2023 ruling by U.S. District Judge Ann Aiken, who indicated that the plaintiffs did not provide sufficient evidence to support claims of discriminatory intent when the religious exemption was enacted. This consolidation of legal protections further underscores the ongoing dialogue between religious liberties and civil rights, a conversation that is likely to continue evolving in the coming years.

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