Taking religion to court. . .

All the religious colleges and universities in the US will want to carefully monitor Hunter v. U.S. Department of Education, a lawsuit with a potentially huge impact upon their ability to uphold religious standards against the LGBTQ+++ community's demands.  In a lawsuit filed in Oregon federal court on March 29, the class action with 33 plaintiffs is represented by Portland attorney Paul Southwick, director of the Religious Exemption Accountability Project or REAP (paul@paulsouthwick.com and 503-806-9517).   Another familiar player in this debate, the Alliance Defending Freedom, has filed a bid to defend the religious schools (media@adflegal.org or 480-444-0020).  While initially the government said it would vigorously defend the religious exemptions, in June they walked back that word and simply said they will defend the law.

The lawsuit charges that LGBTQ students suffer abuses and unsafe conditions at the hundreds of U.S. religious colleges with traditional doctrinal covenants and therefore the government is obligated to cut off any financial aid -- including and primarily the government backed student loans used to attend such schools. Except for Brigham Young University and the Church of Jesus Christ of Latter-day Saints, all the named schools are Protestant. They include |Oregon's George Fox University, 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 and any of the Concordia University System Schools.)

While some might think this not a grave threat, it could very well be the beginning of the end of religious colleges and universities, including the Concordias, IF they want to maintain the same confession. There is no doubt that some would survive as schools without the constraints of LCMS doctrine defining their policies, especially with regard to the LGBTQ challenges. But without federally guaranteed student loans and other federal monies that have not directly supported the religious component of the campus operation, there is little hope that these schools could continue. They do not have the kind of endowments which would allow them to replace student loan funds and it appears that the benefactors of most of this class of schools have shied away from those who hold to traditional standards of sexual practice and gender identity. 

We have known this was coming for some time. We have proposals before us. Probably some of our Concordias will survive. How many is anyone's best guess. But unlike the more recent closings which we predicated on more immediate financial concerns, the Concordia system may be undone by government intervention -- pitting religious rights against individual rights. In this power play, it would be foolish for us to underestimate both the resolve of those who have so effectively used media and law in pursuit of the LBGTQ+++ agenda and a sympathetic administration. If the religious exemptions win, it will be a temporary victory. Sadly, even the conservative majority on the Supreme Court seems unwilling to pick many fights in this. They will not, however, avoid, this case as it will surely be appealed by one side or the other until the final gavel has sounded. If it goes against us, it effectively will end religious freedom except for the congregation itself and the much lauded right of religious expression will end up being a private right to worship behind closed doors.