LGBTQ Lawsuit Declares Religious Exemption Unconstitutional

Thrity-three current and former LGBTQ students from Christian and religious colleges filed a federal lawsuit. This lmay impact how faith-based institutions operate by declaring a government religious exception unconstitutional.

The current federal rules state religious institutions are exempt from Title IX. Title IX was established in 1972 and prohibits discrimination based on sex in education programs and activities. The Trump administration declared that Title IX does not apply to sexual orientation or gender identity. Biden, however, disagrees.

The lawsuit was filed by the Religious Exemption Accountability Project. It requests the federal court to declare Title IX religious exemption clause unconstitutional. It asks the court to require the federal government to “enforce the protections of Title IX at all taxpayer-funded educational institutions, including those that discriminate and cause harm on the basis of sincerely held religious beliefs.”

If this suit succeeds, the impact will be huge to religious institutions. The plaintiffs are current and former students from places such as Union University, Liberty University, Baylor University, Cedarville University, Oklahoma Baptist University, and Moody Bible Institute.

This lawsuit, if won, will impact over 200 religious colleges. Christian colleges and universities often prohibit LGBTQ content in student handbooks on the basis of biblical teachings.

Will this lawsuit have merit?

The lawsuit claims merit citing over 100,000 LGBTQ students are attending religious institutions.

The lawsuit claims, “The U.S. Department of Education is duty-bound by Title IX and the U.S. Constitution to protect sexual and gender minority students at taxpayer-funded colleges and universities, including private and religious educational institutions that receive federal funding.”

It asked the court to require the Education Department to ensure all federally funded institutions respect sexual orientation, gender identity, and gender expression of their students.

Meanwhile, a major LGBT group is urging Biden to remove accreditation of Christian schools and colleges if they do not have a policy prohibiting discrimination based on sexual orientation and gender identity. More here.

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