Tyler O’Neil – March 31, 2021</s
When five unelected super-legislators on the Supreme Court unilaterally amended the Constitution to legalize same-sex marriage in 2015, Chief Justice John Roberts warned that the ruling would pose “hard questions” about the freedom of religious colleges to operate according to their convictions. Former Solicitor General Donald Verrilli said, “It will be an issue.” This week, Roberts’ warning has come to pass, and the time in which Verrilli’s “issue” comes to the fore is now.
On Monday, 33 current and former students at federally-funded Christian colleges and universities launched a historic attack on religious freedom by filing a class-action lawsuit against the Department of Education (DoE). The lawsuit, Hunter et al. v. Department of Education, claims that the DoE violated the First, Fifth, and Fourteenth Amendments to the Constitution by granting religious exemptions to Christian institutions that allegedly “discriminate” against “sexual and gender minorities.”
“The religious exemption to Title IX impermissibly burdens the fundamental marriage rights of same-sex couples seeking to attend taxpayer funded religious educational institutions that prohibit their marriages,” the lawsuit, filed by the Religious Exemption Accountability Project, alleges. “When sincerely held religious beliefs become enacted as school policies that harm LGBTQ+ students at taxpayer-funded colleges and universities, the necessary consequence is that the U.S. Department of Education has put its imprimatur on an exclusion that demeans and stigmatizes sexual and gender minorities.”
“The federal government cannot claim a legitimate governmental interest in furthering discrimination that harms sexual and gender minority students,” the lawsuit adds.