On August 30, 2024, a three-judge panel on the ninth circuit court of appeals unanimously upheld the district court ruling in the Hunter v. Department of Education (2021) Lawsuit.

This marks a monumental victory for Christian colleges and universities, protecting and preserving religious freedom in higher education.

The lawsuit began in 2021, when several plaintiffs from CCCU institutions sued the Department of Education, spearheaded by the Religious Exemption Accountability Project (REAP). Throughout the case, the CCCU intervened on behalf of all 180+ member institutions, which meant that the Department and REAP could not settle without the CCCU’s consent.

What Were the Facts Leading Up to the Hunter Lawsuit?

Forty plaintiffs who applied to and/or attended faith-based institutions claimed that the “schools have discriminated against them by, among other things, subjecting them to discipline (including expulsion), rejecting their applications for admission, and rescinding their admissions because of their sexual orientation or gender identity” (Casetext). The plaintiffs were represented by REAP, an LGBTQ advocacy group which argued that the Title IX exemption for religious institutions violated the plaintiffs’ First Amendment rights under the Establishment Clause and the Equal Protection Clause of the Fifth Amendment. The plaintiffs claimed that the religious exemption was discriminatory towards LGBTQ students in admissions practices and student behavioral expectations.

REAP filed a class action suit on behalf of the 40 plaintiffs to revoke religious liberty protections from all Christian institutions that receive federal funding. The case was heard by the district court in Oregon and dismissed in January 2023 by Judge Ann Aiken, who stated that, “Plaintiffs have not plausibly alleged that the regulatory changes have led or contributed to the harm they have experienced.” REAP appealed the decision to the U.S. Court of Appeals for the Ninth Circuit. In July 2024, the appeals court upheld the dismissal, ruling that the plaintiffs had “lack of standing” in their claims and that the Title IX religious exemption does not violate the First Amendment’s Establishment Clause. Lack of standing means that the plaintiffs did not prove they suffered injuries caused by the Department of Education or the Christian colleges. The panel of judges decided that there was too much speculation in the claims to establish standing to satisfy the law.

Why is Title IX Important for Christian Higher Education?

Title IX of the Educational Amendments of 1972 was signed into law by President Richard Nixon. It prohibits sex-based discrimination but “does not apply to an educational institution that is controlled by a religious organization to the extent that application of Title IX would be inconsistent with the religious tenets of the organization” (U.S. Deptartment of Education site). CCCU institutions that claim an exemption based on religious convictions can still receive federal funding and do not have to alter their beliefs or religious values in order to receive that funding. The CCCU vigorously defends and protects religious freedom and the right of its member institutions to “educate according to
mission” (CCCU site).

Why is this Important for the CCCU and Higher Education?

The claims in the Hunter case were a direct attack on religious liberty in Christian higher education. Christian institutions, including all CCCU member schools, enjoy the freedom to practice and promote religious beliefs that align with their institutional mission and vision. In a 2021 statement about the case, the CCCU stated that, “Religious freedom was a driving force in the founding of our nation, resulting in the rich multi-faith and pluralistic world of 21st -century America. It is essential that we continue to strengthen the policies and practices that undergird this distinctive American tradition of civic pluralism, which allows people with deep differences to create together a society of mutual respect and
common flourishing.” Without these exemptions, financial aid would not be possible for thousands of students attending CCCU schools and student choices would have been severely restricted. The appellate outcome protects not only the institutions but students who wish to attend a Christian institution that integrates faith into their chosen academic program.

Maintaining religious freedom in CCCU institutions is vital for continuing faith-filled, biblical standards rooted in institutional traditions and practices. This decision, from both the district level and the appellate court, reinforces the significance of that freedom.

How did the CCCU Participate in the Case?

The CCCU joined the case as a codefendant with the Department of Education and filed a motion to dismiss the case on May 12, 2021, which was granted on January 12, 2023. The CCCU rebutted the plaintiffs’ legal claims while being sensitive and compassionate to the students in the case. In addition, the CCCU pursued research from top psychologists and sociologists to push back on the claim “that religious colleges are particularly harmful settings for LGBTQ+ students.” In August 2023, REAP filed an appeal in the Ninth Circuit for the U.S. Court of Appeals. The CCCU joined attorneys from the Department of Education and the Alliance Defending Freedom, further enhancing the CCCU’s defense. The Ninth Circuit three-person panel affirmed the district court’s decision.

The CCCU intervened in this case to protect the ability of religious organizations to live out their faith, to further pursue research that will help campuses support all students in their Christian formation, to prevent individual institutions from having to spend hundreds of thousands of dollars in legal fees to protect the Title IX religious exemption, and to ensure that students retain the freedom to take their federal education dollars to the school of their choice.

As the leading voice for Christian higher education, the CCCU is positioned to be at the table, engaging in solutions-oriented work while also being willing to fight when necessary to protect the right of each of our institutions to practice their sincerely held religious beliefs.

Is this the End? What Happens Now?

This case sets an important precedent that protects Christian higher education for future generations. While the Hunter case is over, the CCCU’s advocacy efforts continue on Capitol Hill and in other judicial areas.

Dr. Amanda Staggenborg serves as the Chief Communications Officer for the CCCU.