Another day, another Religion News Service report about clashes between the First Amendment and the doctrines of the Sexual Revolution.
As is the norm, this news story about a crucial First Amendment issue does not include the term “First Amendment.”
As is the norm, this RNS story does not include material about how many, not all, private faith-based schools — they exist on left and the right — require students, faculty and staff to sign covenants in which they choose to join a community that is defined by a set of core doctrines that members promise to follow or, at the very least, not to attack.
It is always crucial for journalists, when covering these stories, to ask if a private school has a covenant of this kind. If one does not exist, then this radically strengthens the case of students who argue that the school is discriminating against them.
As is the norm, the RNS story includes one tiny bite of information from the bad-religion people, while framing the conflict in the arguments of the good-religion people. In this case, alas, the bad-religion people won. The headline: “Federal court dismisses LGBTQ students’ class-action discrimination lawsuit.”
As always, let me stress that there is an important story here. Some Christian schools do a bad job — when recruiting and orienting students — of being honest about their covenants or handbooks. As I said, there are schools that do not have covenants, which means students (and parents) may not know what they are getting into when they choose to enroll at one of these private schools that are“voluntary associations” under the First Amendment. Hold that thought. Here’s the overture:
There is no legal remedy for LGBTQ students who claim they were discriminated against at their religious universities, an Oregon federal district court ruled in a high-profile case late Thursday (Jan. 12).
The judge dismissed the class-action lawsuit filed in March 2021 on behalf of about 40 students and former students at religious schools nationwide. The case, Hunter v. the U.S. Department of Education, claimed that the department failed to protect LGBTQ+ students at religious schools from discrimination.