How Title IX Exemptions Allow Religious Colleges to Discriminate Against LGBTQ Students

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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.

“I am sorry but you are in violation of our code of conduct as found in the student handbook. We have no choice but to dismiss you from Clarks Summit University,” Theodore Boykin, associate dean of students and Title IX coordinator, wrote in an email responding to Campbell’s request to re-enroll at the end of August.

When Campbell attempted to plead his case, Boykin replied: “You know the code of conduct here. You signed up for that when you became a student. Last time and this time. You knew our position and perhaps even deceived me when you applied and spoke with me. The ACLU will tell you that a private school has the right to enforce a code of conduct. That is not discrimination.”

When Campbell first enrolled at Clarks Summit (then known as Baptist Bible College & Seminary of Pennsylvania) in 2001, he was aware of his sexual orientation. “I knew I was gay, and the the school knew I was gay, but at the time I thought that being gay was a sin. I was going through therapy to correct that, so to speak,” he says.

Campbell dropped out in 2003 to save money, and ended up joining the Navy. He was eventually discharged from the military due to a struggle with alcoholism. This event was a wake-up call, and after nearly two years of sobriety, Campbell saw finishing his degree as an important step toward getting his life back on course. “It took me 10 years to finally be free of the shame I felt for being gay and to love myself. When the school rejected me, it brought back a lot of those old negative feelings. Feelings of anxiety, self-doubt, and shame,” he says.

In response to a request for comment from Teen Vogue, a Clarks Summit spokesperson sent the following statement via email: “As a Christian college, we expect all students to act in a way that is consistent with our biblical belief system. We have always clearly stated those beliefs and have exercised the freedom to uphold our faith. To prepare students for worldwide service opportunities, CSU clearly affirms biblical sexuality. We clearly communicate to all prospective students that we adhere to biblical truths, and expect them to do the same. That is part of what has made CSU a successful educator for more than 80 years. We would be happy to assist any former or prospective student who does not choose to agree with those faith standards to find another school in order to finish a degree.” Because of privacy concerns, the school says it does not discuss any particular student's or applicant's enrollment.

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.

Title IX Has Major Implications for Higher Education

To keep LGBTQ+ students informed and prevent other students from having similar negative experiences to that of Campbell, Campus Pride maintains a "Shame List." This list currently names nearly 150 colleges and universities that have either sought a Title IX religious exemption or have a track record of anti-LGBTQ actions, programs, and practices. (Students who don’t want to speak out publicly can report their campuses anonymously through this form.)

Windmeyer says his organization has had a difficult time keeping the Shame List updated because it’s hard to know whether an institution has requested a Title IX exemption. Many colleges and universities don’t want to advertise their anti-LGBTQ policies. Clarks Summit University, for example, did not respond to several inquiries from Teen Vogue asking whether the school had sought a Title IX exemption. However, the school does appear on the list of institutions that requested religious exemptions prior to 2009 under its previous name, Baptist Bible College & Seminary.

“I had three different campuses that were on the Shame List who visited our office trying to find out how to be taken off. Because they don't want to be known as anti-LGBTQ,” he says. “As an organization, we are not telling campuses that they don't have the right to discriminate, because…federally that is a right that they have. But parents, families, and young people have a right to know and that's why we have the Shame List. You're not going to be considered a safe environment if you discriminate against a group of people.”

More attention has previously been paid to Title IX’s implications for the K-12 system, but its implications for higher education deserve urgent attention. MAP predicts that it is likely that more universities will petition for religious exemptions related to LGBT students with reduced federal oversight for Title IX and the expansion of religious exemptions by the Trump administration. Proposed policy changes under Secretary of Education Betsy DeVos might make it even easier for colleges and universities seeking religious exemptions. The new Title IX regulations would automatically exempt religious institutions if they have faith-based objections — they wouldn’t even have to submit a formal request. Efforts such as Campus Pride’s Shame List thus remain key as long as federal law continues to allow institutions to discriminate against their LGBTQ+ students under the guise of religious freedom.

Windmeyer stresses, however, that there are many institutions, including several that are faith-based, that do embrace LGBTQ+ students, such as those included on Campus Pride’s Best LGBTQ-Friendly Colleges & Universities list.

Campbell’s story, at least, has a happy ending. He says the president of Lackawanna College, a private, secular institution in Scranton, personally contacted him about finishing his final semester there. He will start classes on October 18. Campbell calls the situation “a blessing in disguise”: “It was just such a contrast to get a rejection letter and then to get an acceptance letter from a man that has never even met me. It just meant so much.”

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