John D. MacArthur

Lawsuits and scarce donors: Religious colleges could be facing tough years ahead

Lawsuits and scarce donors: Religious colleges could be facing tough years ahead

A narrowly-framed Supreme Court victory — the Fulton v. Philadelphia case — will allow Catholic Charities (at least for now) to preserve religious conscience and avoid placing foster children and children available for adoption with same-sex couples, despite the city's non-discrimination statute.

However, this does not settle the many similar legal disputes the media will be covering the next few years.

In particular, reporters will want to carefully monitor Hunter v. U.S. Department of Education, a potentially huge lawsuit filed in Oregon federal court March 29. This is a class action with 33 plaintiffs represented by Portland attorney Paul Southwick, director of the Religious Exemption Accountability Project or REAP (paul@paulsouthwick.com and 503-806-9517). Alliance Defending Freedom, a familiar participant in such matters, has filed a bid to defend the religious schools (media@adflegal.org or 480-444-0020). There are questions about the degree to which the current Justice Department will help in this defense.

The suit charges that LGBTQ students suffer "abuses and unsafe conditions" at "hundreds" of U.S. religious colleges with traditional doctrinal covenants so government should cut off their financial aid. Except for Brigham Young University and the Church of Jesus Christ of Latter-day Saints, REAP's targets are Protestant, led off by Oregon's George Fox University, a venerable Quaker campus attended by Herbert Hoover when it was a mere secondary school. George Fox's mission statement declares that "we desire the presence of Christ to be at the core of all we do."

Others include the likes of Azusa Pacific University, Baylor University, Bob Jones University, Dordt University, Eastern University, Fuller Theological Seminary, Liberty University, Messiah University, Moody Bible Institute, Seattle Pacific University, Union University and Westmont College. (Notably missing: Calvin, Gordon, Wheaton.)

Loss of aid for students would be a severe competitive blow in coming years when all colleges and especially private and religious ones expect to suffer declines in the student-age population and thus in applications, this on top of the institutional damage wrought by COVID-19. There are also prospective attacks on such schools' tax exemption and academic accreditation over sexuality. The status of athletic programs is also a hot-button issue.


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