Fuller Theological Seminary Can Expel Students for Same-Sex Marriage and Still Receive Federal Funding, Court Rules

Fuller Theological Seminary in Pasadena, California, has been granted the right to expel students for engaging in extramarital activity or entering same-sex marriages while still receiving federal funding, according to a recent court ruling. The decision came after two former students, who were expelled for being in same-sex marriages, filed a lawsuit against the seminary, alleging violations of Title IX Civil Rights law.

The plaintiffs argued that the seminary’s policies discriminated against them based on sexual orientation and sex, subjecting them to stricter disciplinary actions compared to heterosexual students. However, United States District Judge Consuelo Marshall dismissed the suit, ruling that Fuller Theological Seminary met the criteria for a religious exemption under Title IX. The judge emphasized that the term “organization” in the exemption is broad enough to include the seminary’s board of directors, allowing it to maintain its religious standards.

In her ruling, Marshall stated that the Title IX claim sought to hold the seminary accountable for expelling students for entering same-sex marriages, which she determined were contrary to the institution’s religious tenets. Thus, the Religious Organization Exemption applied, protecting the seminary’s right to enforce its policies.

Daniel Blomberg, senior attorney at Becket, a law firm specializing in religious liberty cases, praised the ruling. He highlighted its significance for religious institutions of higher education, emphasizing that such entities should determine the standards for teaching future religious leaders rather than government officials.

The lawsuit was initially filed by Joanna Maxon in November 2019, following her expulsion for being in a same-sex marriage. The suit alleged that the seminary violated Title IX by discriminating against her based on her sexual orientation and sex. Nathan Brittsan, another former student expelled for similar reasons, joined the lawsuit in January 2020, which was filed in the U.S. District Court for the Central District of California.

Title IX, enacted in 1972, prohibits discrimination based on sex in educational programs receiving federal funding. The case highlights the ongoing tension between religious freedom and civil rights protections, as institutions navigate the legal landscape to uphold their values while complying with federal laws. The ruling underscores the legal framework that allows religious organizations to maintain their doctrinal standards without losing access to public funding.

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