With 2,900 students, Fuller Theological Seminary in California is one of the world’s largest and most influential clergy training grounds. The evangelical Protestant school believes that biblical teaching requires its faculty, students and staff to limit “sexual union” to marriage “between one man and one woman” while singles observe abstinence.

That moral stance, upheld across centuries in Judaism, Christianity, and Islam, now faces substantial legal and political resistance. 

Fuller's policy provoked a first-of-its-kind federal lawsuit, high on the developing news docket, that was joined last week by Nathan Brittsan, an American Baptist Churches USA clergyman. Those seeking background can see local coverage here and Religion News Service coverage right here. Fuller expelled Brittsan in 2017, just before he was to begin studies, when it learned about his gay marriage. 

Let’s back up a step. The suit was originally filed last November by Joanna Maxon, a student expelled during her last semester in 2018 after her lesbian marriage came to light. (Click here for Julia Duin’s GetReligion post criticizing Los Angeles Times coverage of Maxon’s complaint.)  

Paul Southwick, the attorney for Brittsan and Maxon, makes a straightforward claim that any religious school that discriminates on the basis of sexual activity by gays and lesbians should be penalized and lose federal aid. He thinks the case “could set an important legal precedent,” and notes that Fuller allowed a student accused of heterosexual sinning to remain enrolled.

Fuller is defended by the Becket Fund for Religious Liberty. The spokesman there said what’s at stake is the right of religions to educate their leaders “free from government entanglement.” There’s potential support in the Supreme Court’s unanimous 2012 Hosanna-Tabor ruling against an Obama Administration bid to deny religious exemption under employment law. 

A different tack against religious schools occurred when the regional accreditation of Gordon College was questioned.