Christian colleges celebrate after court reaffirms religious liberty, overturns LGBT activists’ lawsuit

A U.S. Court of Appeals has upheld the religious-liberty exemption in Title IX after a lawsuit sought to strip Christian colleges of federal financial aid over alleged discrimination.

The case – Hunter, et al. vs. U.S. Department of Education – was brought in 2021 by a group of LGBT activists and former students of religious colleges who claimed to experience discrimination due to their LGBT identity.

The plaintiffs wanted to repeal the religious exemption given to Christian colleges under Title IX.

Title IX prohibits sex-based discrimination, but a school run by a religious organization is exempt “to the extent that application of Title IX would be inconsistent with the religious tenets of the organization.”

Had the lawsuit been successful, future students attending Christian colleges may have been ineligible to receive federal financial aid, including student loans or scholarships.

The lead plaintiff in the lawsuit, Elizabeth Hunter, claimed her Christian school made it difficult to be a lesbian. 

“As someone figuring out their sexuality while at college, Bob Jones University’s policies on sexuality and marriage created a scary, harsh environment for me,” Hunter said.  

Other plaintiffs also complained about their colleges not being safe spaces.  

Victoria Joy Bacon, who identifies as a genderfluid, nonbinary, trans “womxn” and uses the pronouns “they/fae,” felt “unsafe” on campus, wasn’t allowed to organize an LGBTQ+ club and heard “many anti-LGBTQ+ lectures and statements from faculty.” 

However, the court ruled that “Title IX’s religious exemption does not violate the First Amendment’s Establishment Clause.” 

Alliance Defending Freedom, which represented three Christian universities in the case, lauded the court’s decision. 

“Federal law explicitly protects the freedom of religious schools to live out their deeply held convictions, and we’re pleased this legal victory protects Christian colleges’ fundamental rights,” said ADF senior counsel Chris Schandevel.  

The Council for Christian Colleges & Universities also released a statement praising the ruling. 

“The CCCU is thrilled for the Hunter decision that upholds the biblical principles that are vital to our members institutions,” it said. “These principles are not merely written in a mission but lived daily by all administrators, faculty, and students. It is that faithful devotion to Biblical truth that guides each student attending a Christian college or university.”