May 26, 2022
Welcome back to the Law and
Education Podcast! Today’s episode is an informational conversation
on the topic of religious exemptions. Over 60% of our clients and
community partners are faith-based institutions, so we have been
fielding an increasingly high number of questions in the changing
landscape. Tune in to learn how to prove that your school or
institution qualifies for a religious exemption and hear about the
key cases that have brought the exception into question. If your
institution intends to use this exemption, you should carefully
review the requirements to ensure that any prohibited conduct is
closely aligned with your religious tenets. We end our podcast with
practical advice on utilizing the summer to prepare for next year.
Thanks for tuning in!
Key Points From This Episode:
- An introduction to today’s topic and what
motivated us to talk about it.
- Why the burden is on an institution to prove
that it qualifies for a religious exemption.
- The six ways an institution can qualify for the
- The new Religious Liberty and Free Inquiry Rule
that may alter these requirements.
- A key case on the issue involving Fuller
Seminary in 2021 around the dismissal of students married to people
of the same sex.
- The response of LGBTQ+ students contesting the
Title IX exemption.
- Hunter v Department of
Education: the class
action where plaintiffs allege that the exemption allows taxpayer
funded religious institutions to abuse and oppress LGBTQ+
- The further claim that the lack of action
allows LGBTQ+ students to be exposed to conversion therapy, sexual
abuse, and harassment in schools.
- An example of BYU school in Utah that has
banned dating between LGBTQ students.
- The Clarks Summit case where a student was
reported to be in a same-sex relationship and thus not permitted to
- What to consider as a faith-based institution:
clarify your religious tenets, keep your policies narrowly
tailored, and widely disseminate them.
- Why it is important to be mindful of
retaliatory actions regardless of whether someone is a member of
the LGBTQ+ community.
- The importance of consulting legal
- Why, if you intend to use this exemption, you
should carefully review the requirements to ensure that any
prohibited conduct is closely aligned with your religious
- Resources to learn more: the broad post on our
website and the Religious Exemption Accountability
- How you non-Community Partners can join our
LISTSERV dedicated to faith-based institutions for 6
- What ICS is busy with at the moment, assisting
on the ground, and partnering with you.
- Why summer is the time to review your policies
- Title IX University and the benefits of
becoming an ICS partner.
Links Mentioned in Today’s Episode:
Religious Exemption Accountability
Higher Ed Community
K-12 Community Access
Higher Ed Virtual Certified IX
K-12 Virtual Certified Title IX
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Courtney Bullard Email