The issue revolves around Title IX of the Civil Rights Act which forbids sex-based discrimination in education. Educational institutions that uphold traditional views are allowed to request exemptions from the law in order to follow scriptural teachings.
In 2021, 33 LGBTQ current and former students attending 25 Christian and other religious schools sued the U.S. Department of Education for providing those exemptions. The students alleged that the exemptions were discriminatory and also a violation of their First Amendment rights.
The schools attended by LGBTQ students included: Bob Jones University, Baylor University, Oral Roberts University, Azusa Pacific University, Regent University School of Law, Cedarville University, and Brigham Young University. The ruling, however, impacts more than 200 religious-affiliated schools.
On January 12, 2023, U.S. District Judge Ann Aiken in Oregon dismissed the lawsuit. She based her ruling on the fact that the plaintiffs could not demonstrate that the original Title IX religious exemption passed by Congress decades ago had any discriminatory purpose. Perhaps more importantly, she rejected their First Amendment claim. The judge pointed out that the Supreme Court has interpreted the First Amendment to allow and even require the accommodation of religious practices.
This is a significant victory, but it is far from the end of the battle. There is a concerted, well-funded, aggressive campaign to force Christian universities to bow to the demands of the LGBTQ movement and impose intrusive government regulations on them. Using aggressive tactics, this radical movement is attempting to deprive Christian schools of the First Amendment guarantee of the free exercise of religion.
