Navigating Transgender Policies at Christian Colleges: A Comprehensive Guide

Christian colleges, particularly those affiliated with the Council for Christian Colleges and Universities (CCCU), are grappling with the complex intersection of religious beliefs and evolving societal attitudes toward LGBTQ+ issues, especially concerning transgender students. This article delves into the policies of Bethel Christian College and similar institutions regarding transgender students, exploring the challenges, legal landscape, and potential pathways forward.

The Shifting Landscape: From Obama's Guidance to Current Challenges

Five years ago, the Obama administration directed schools to accommodate transgender students according to their preferred gender. This guidance has since been rolled back, but the underlying tensions remain. Christian colleges find themselves navigating a landscape where religious freedom and LGBTQ+ rights are often perceived as being at odds.

The issue gained prominence with the intersection of changing attitudes towards LGBT issues, along with human sexuality more generally, and historic Christian teaching on the subject.

Understanding Title IX and Religious Exemptions

Title IX, passed in 1972, prohibits sex-based discrimination in any educational institution or program receiving federal financial assistance. However, the law includes a provision stating that an educational institution "controlled by a religious organization" does not have to comply if Title IX "would not be consistent with the religious tenets of such organization."

This provision allows religious colleges to request exemptions from certain Title IX requirements. These exemptions are allowed when they comply with the Title IX requirements and conflict with the institute’s religious beliefs. A religious student can be exempted from Title IX provisions if it creates conflicts with religious doctrine. These disputes frequently occur in situations where equality is required by law, but the institution’s religious doctrines dictate alternative norms or behaviors.

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Common Grounds for Title IX Exemptions

Religious institutions may seek exemptions based on various theological beliefs, including:

Marriage as a sacred bond: Certain requirements about the marital status of staff members or pupils may exist in religious schools.
Sex outside of marriage: Religious institutions may maintain that having sex outside of marriage is immoral.
Preconceived notions or anti-abortion teachings: Religious organizations may adhere to preconceived notions or anti-abortion teachings.

Examples of Colleges Requesting Exemptions

Several Christian colleges have sought Title IX exemptions based on their religious beliefs:

Bethel College: Requested an exemption due to its rules regarding marriage and sexual behavior, adhering to the belief that sex should only occur within a heterosexual marriage.
North Greenville University: Sought exemption from Title IX’s rules pertaining to sexual orientation and gender identity, citing religious convictions that contradicted Title IX’s anti-discrimination mandates.
Spring Arbor University: Requested a Title IX exception to uphold its moral beliefs regarding marriage and sexuality, maintaining that marriage should be between a man and a woman, and sexual intercourse should only occur within that context.
CCCU member institutions (George Fox University, Simpson University, and Spring Arbor University): asked for and received religious exemptions from the Department of Education’s regulation that transgender students cannot be treated differently under Title IX of the Education Amendments of 1972.

The Impact of Title IX Religious Exemptions

Title IX religious exemptions can significantly impact staff members and students at schools where certain religious views are practiced. These exclusions give institutions the freedom to enact rules that can deviate from broadly accepted anti-discrimination guidelines, especially when it comes to topics like pregnancy, abortion, and marital status.

Discrimination based on marital status: Certain establishments may implement regulations that subject people to discrimination on the basis of their marital status. For example, unmarried couples may not be allowed to participate in particular activities or live in specific areas.
Differential treatment of pregnant individuals: Pregnant employees or students may be treated differently by institutions with religious exemptions, especially if the pregnancy is unmarried.
Restrictions on abortion: Schools that prohibit abortion for moral or religious reasons may implement rules that punish faculty or staff members who have undergone an abortion.

Breaking these rules may lead to a number of penalties, including suspension, expulsion, or job termination.

Legal Options for Students and Employees

If students or employees believe they have been unfairly treated due to a religious exemption under Title IX, they do have some legal options available to them:

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Filing complaints with the Department of Education: Following the filing of a complaint, the OCR may look into whether the institution’s operations are permitted by the purported religious exemption.
Contesting the Legitimacy of the Exemption: It might be able to contest the legitimacy of the institution’s claimed exemption in specific circumstances. If it can be demonstrated that an institution’s discriminating actions are at odds with its professed religious convictions, an exemption may be contested. If it is determined that the institution has misrepresented its religious control, this is another reason to challenge an exemption. An institution’s request for an exemption may be contested if it indicates that it is governed by a religious group but does not function under its jurisdiction.

The Concerns and Criticisms Surrounding Religious Exemptions

The impact of religious exclusions under Title IX on different groups and the larger educational landscape has been a topic of much discussion.

Impact on LGBT Students

The effect that Title IX religious exemptions have on LGBT students is among the most divisive topics in the field. Many organizations that assert religious exemptions may impose rules that restrict or deny rights to members of the LGBT community, such as banning same-sex partnerships or refusing to acknowledge gender identities that differ from biological sex. Examples include being denied accommodation, being kicked off campus, or being excluded from events if a student is openly gay.

Gender Discrimination

Religious exemptions have the potential to perpetuate larger trends of gender discrimination, even beyond the LGBT community. Religious convictions can be used as justification for laws that restrict women’s roles or gender-based behaviors.

Lack of Transparency

The lack of transparency surrounding religious exemptions is a serious problem. Many staff members and students don’t know that an institution has used a religious exemption until they become victims of discrimination themselves. Organizations need to be obligated to openly and explicitly declare their exempt status.

Potential for Increased Requests

Recent years have seen an increase in the practice of requesting Title IX religious exemptions, which has led to worries about how educational fairness will develop in the future. There is a chance that the number of requests could rise significantly as more institutions become aware of their capacity to request exclusions. As exemptions grow, Title IX’s efficacy may be compromised, making it more difficult to guarantee uniform protections for all students nationwide.

The Department of Education's Role

The procedure by which institutions can request Title IX religious exclusions is supervised by the Department of Education (DOE). An educational institution needs to submit a written statement to the DOE in order to receive a Title IX religious exemption. Usually, this declaration contains a thorough justification of the religious beliefs that run counter to particular Title IX obligations. The written statement goes through a vetting process when it is received by the DOE. Based on the listed religious beliefs, the DOE reviews the institution’s claims and decides if the exemption is justified.

If the request is in line with the institution’s declared religious views, the exemption is usually approved. The exemption procedure has drawn criticism and has a number of limitations. The absence of public input and openness is a significant criticism. Decisions made by the DOE are frequently made with little to no monitoring, and institutions are not required to notify staff or students of their exempt status. According to critics, the procedure can give institutional religious views precedence over the rights of students and staff, perhaps resulting in discrimination.

Bethel College's Stance and the "Covenant for Life Together"

Bethel College sought and received a federal waiver from Title IX requirements intended to protect LGBT students and employees from discrimination. According to Bethel President Gregg Chenoweth, the waiver doesn’t mean that individuals who are attracted to the same sex are prohibited from attending or graduating from Bethel, but rather that they must be celibate, just as Bethel’s unmarried heterosexual students are expected to be. The same standard applies to employees.

Bethel employees are required to sign a covenant of lifestyle that they will adhere to the college’s Christian standards, including not engaging in premarital or extramarital sexual relations.

From Bethel University’s “Covenant for Life Together”: “The Bible also identifies character qualities and actions that should not be present in the lives of believers.”

The Financial Implications: Navigating Government Funding

One of the most significant challenges facing Christian colleges is the potential loss of government funding. Bethel students, for instance, receive a substantial amount in Pell Grants and state grants annually. Many CCCU schools rely on federal loans for a significant portion of their tuition revenue.

The reliance on federal funding creates a dilemma. As Houghton College president Shirley Mullen noted, "As CCCU leaders, we might wish now that we had not earlier on become so dependent on the federal or state government for student grants and loans."

Exploring Alternative Financial Models

Some Christian colleges are exploring alternative financial models to reduce their dependence on government funding. Hillsdale College, for example, decided not to accept state funding after 2000 and instead created its own loan program for students.

However, if the Equality Act or a Supreme Court decision expands the definition of sex to include SOGI, no amount of financial distancing would matter.

The Equality Act and its Potential Impact

The Equality Act, passed by the House of Representatives, seeks to ban discrimination against individuals based on their sexual orientation or gender identity. It also specifically notes that RFRA "shall not" be used as a defense.

According to AND Campaign founder and political strategist Justin Giboney, "Based on the Equality Act, SOGI [sexual orientation and gender identity] rights would override religious liberty. There would not be any exemptions for faith-based institutions."

The CCCU has expressed concerns that the Equality Act could have far-reaching consequences for religious institutions of higher education, potentially affecting student housing standards, affiliated clinics and hospitals, and tax-exempt status.

The "Fairness for All" Approach

Some are championing Fairness for All, legislation put forward by the CCCU and other faith groups before Trump was elected. According to Houghton College president Shirley Mullen, "Fairness for All is trying to protect the legitimacy of religious liberty in a way that honors the civil rights of people who think differently."

However, not everyone agrees Fairness for All is the best way forward, and CCCU schools are split on their support for it.

The Broader Debate: Religious Freedom vs. LGBTQ+ Rights

The policies of Bethel Christian College and similar institutions are at the heart of a broader debate about the balance between religious freedom and LGBTQ+ rights.

Concerns about Religious Freedom

Supporters of religious freedom argue that Christian colleges should have the right to operate according to their religious beliefs, including setting standards for student conduct and employment. They fear that expanding the definition of sex to include SOGI would infringe on their religious freedom.

Concerns about LGBTQ+ Rights

Advocates for LGBTQ+ rights argue that all students, including transgender students, deserve to be treated with dignity and respect. They believe that religious exemptions to Title IX can lead to discrimination and harm.

Resources for Transgender and Nonbinary Students

For students who identify as transgender or nonbinary, choosing the right college can bring extra challenges other students don’t face. It can be even more problematic if the goal is to attend a private Christian college or university. The good news is that these questions can bring positive answers.

Finding Supportive Colleges

For students considering attending a Christian college or university, it’s important to explore the polices, practices, and services of any given school.

Some Christian colleges have implemented policies and services to support transgender students:

Alverno College: Has put clear guidelines and services in place to support transgender students as integral members of its diverse campus community.
Calvin University: Has developed a “Safer Spaces” policy to address instances of harassment, discrimination, or retaliation.
Augsburg University: Has developed a number of services for transgender and gender non-conforming students, including advocacy, advising, and mentoring.
Santa Clara University: Maintains an affirming, inclusive, and welcoming environment for people of all identities and advocates for those who self-identify within the wide spectrum of sexual orientations and gender identities/expressions.

Key Considerations for Transgender Students

Policies and Practices: Look for schools with policies that protect against discrimination based on sexual orientation and gender identity.
Services and Support: Identify schools that offer counseling, support groups, and other resources for LGBTQ+ students.
Campus Climate: Visit the campus and talk to current students to get a sense of the overall climate for LGBTQ+ individuals.
Student Organizations: Also look for student clubs or other organizations of possible interest.
Name Policies: A simple-but perhaps revealing-factor is a school’s policies for listing and recognizing student’s names.
Athletic Policies: For students interested in athletics, it’s important to identify relevant sports-related policies at your schools of interest.

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