Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Sunday, June 13, 2021

Justice Department Says It Can ‘Vigorously’ Defend Religious Schools’ Exemption From Anti-LGBTQ Discrimination Laws

From The Washington Post:

The Justice Department in a court filing Tuesday said it can “vigorously” defend a religious exemption from federal civil rights law that allows federally funded religious schools to discriminate against LGBTQ students, a move that surprised some LGBTQ advocates who said the wording went further than just an obligation to defend an existing law.

In the filing, the Biden administration said it “shares the same ultimate objective” as the conservative Christian schools named in the case.

At issue in Hunter v. the U.S. Department of Education are 40 LGBTQ students at conservative religious colleges and universities who are suing the government for its role in providing funding to schools with discriminatory policies. The schools say they have a First Amendment right to promote traditional religious beliefs about sexuality and gender.

The motion, which was filed Tuesday in U.S. District Court in Oregon, said in a note that “To be sure, the Federal Defendants have not yet filed any pleading or motion setting forth their legal position in this case.”

Read more here. 

https://lawprofessors.typepad.com/family_law/2021/06/justice-department-says-it-can-vigorously-defend-religious-schools-exemption-from-anti-lgbtq-discrim.html

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