After taking a 15-year break from his education, Gary Michael Campbell was initially elated when he found out he only had six credits left to finish his bachelor’s degree. The 35-year-old military veteran submitted his paperwork to Clarks Summit University, a private, Baptist institution on the outskirts of Scranton, Pennsylvania, and was eager to start the semester. He registered for his online classes, paid his tuition, and then a university administrator informed him he was no longer eligible to attend — because he was gay.
TITLE IX EXEMPTION IS DIFFERENT FOR RELIGIOUS SCHOOLS
DONT BELIEVE THE EXCUSES
Students Can Get Kicked Out for Being Gay
Many people are shocked to learn that universities such as Clarks Summit are legally allowed to dismiss and effectively discriminate against students like Campbell due to their gender identity, gender expression, and sexual orientation. “A college or university, whether they be private or public, can still kick a student off their campus if they happen to be gay, lesbian, bisexual, or transgender,” says Shane Windmeyer, executive director of Campus Pride, a nonprofit working to promote safe campus environments for LGBTQ students.
Title IX, a provision of the 1972 Education Amendments, prevents federally funded institutions from discriminating on the basis of sex in K-12 and higher education. While the Obama administration made strides in extending anti-discrimination measures to LGBTQ+ students, private institutions that receive federal funding can still claim exemptions to Title IX on the basis that it violates their religious faith. The Department of Education publishes a list of the institutions that have requested a religious exemption, though schools are not required to submit a written request for exemption in order to invoke this legal right.
“I think it's surprising...to learn that there's no explicit federal law that prohibits discrimination against LGBT people in a variety of settings ranging from employment to housing to education,” says Naomi Goldberg, policy and research director at the Movement Advancement Project (MAP), an independent think tank. “That said, there have been many advances in the understanding of what discrimination looks like and how it plays out for LGBT people, including under Title IX.”
A brand new study from MAP found that religious accommodations are currently being prioritized over LGBTQ rights. According to MAP’s calculations, 79 U.S. colleges and universities have been granted Title IX religious exemptions — although that number may be far higher. “With an approved exemption, these schools can still benefit from federal funding and maintain a license to discriminate against LGBT students,” the report states.
There Are Very Real Consequences
MAP estimates that there are currently 8,000 LGBTQ students attending schools with Title IX religious exemptions. The report found that LGBTQ students face threats of expulsion, increased disciplinary action, denied participation in student life, hostile campus climates, and forced therapy or counseling.
Institutional discrimination against LGBTQ students creates very real consequences — interrupted education, unfinished degrees, a loss of time and money, and the psychological isolation that comes from hiding one’s identity and fear of being kicked out. Unfortunately, Campbell’s experience as gay student at a private, religious institution is far from unique. He says he has spoken with LGBTQ students at his former campus who have similar stories, but they are afraid to speak out.
These exemptions allow Spring Arbor University freedom in “discriminating in discipline, admissions, hiring, and employment decisions, in matters such as employment leaves for pregnancy, childbirth, and elective termination of pregnancy, or on the basis of pre-marital sex, unmarried pregnancy, extramarital sex, or homosexual activity”
Policies like this alienate and hurt many, while simultaneously failing to produce anything positive. Beyond being discriminative, such actions also conflict with Spring Arbor University's claimed dedication to develop life-long learners. By refusing to admit students that bring more diversity to campus, they oppress current students from having the opportunity to engage in meaningful, thoughtful, loving dialogue with anyone that might challenge their perspective, cause them to investigate further and sharpen their own opinions and beliefs. True life-long learners thrive to be exposed to opinions outside their own.
With these exemptions, Spring Arbor University is institutionalizing discrimination.
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