SEPTEMBER 2023 | VOLUME I NUMBER I
“THE EQUALITY ACT” (H.R. 15) and a CHALLENGE TO AFFIRMATIVE ACTION IN COLLEGE ADMISSIONS
Welcome to the ACCS Legal Update, a monthly email for all of our members, aimed at providing some light and insight regarding legal issues affecting Christian classical schools, educators, and families!
While it would be impossible to exhaustively cover all of the legal maneuvering in our litigious society, or the making of laws (of which there is no end), we hope to give some thoughts about the cases, laws, and legal decisions which may affect our members. You can expect a brief explanation of the issue, its current status, and the potential impact it could have on you.
There are a couple of things you will not find in the ACCS Legal Update. First, we will not provide legal advice. We want to inform and equip you, but we cannot provide legal counsel. Second, this update will not add unnecessary noise. Our aim is to provide an honest assessment of how proposed or adopted legislative and legal matters may concern ACCS members, and in some cases, why you may not need to worry at all.
We hope you enjoy the ACCS Legal Update and find it a helpful resource, informing and encouraging you in your work.
Here are some noteworthy items for this edition:
1) “THE EQUALITY ACT” (H.R. 15)
On June 21, 2023, Rep. Mark Takano (D-CA) introduced H.R. 15, also known as “The Equality Act,” into Congress. The bill’s purpose is to prohibit discrimination on the basis of sex, gender identity, and sexual orientation, with respect to businesses, employment, housing, and other federally funded programs. The bill would accomplish this by adding language to various “Titles” of the Civil Rights Act of 1964 and the Fair Housing Act, making “gender identity” and “sexual orientation” protected groups.
While the bill’s introduction created considerable stir and concern, the likelihood that it poses a threat to private Christian schools is very low, particularly given that it is extremely unlikely to pass. The bill has already been referred to the House Judiciary Committee, and was reintroduced from a previous session of Congress without ever leaving committee. Additionally, the bill specifically targets federally funded resources and programs, not private schools or organizations. The bill was most likely proffered to satisfy a political base, with little hope of it becoming law.
2) Challenge to Affirmative Action in College Admissions
In October of 2022, the Supreme Court heard two significant cases related to race-based admissions by colleges, particularly Harvard University and the University of North Carolina. The case of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, first brought in 2014, challenged the 2003 Supreme Court decision in Grutter v. Bollinger, which allowed higher education institutions to use race as a determining factor for admissions. Though it took years for a decision to be rendered, on June 29, 2023, the Supreme Court overruled itself by a vote of 6-2 (Justice Ketanji Brown Jackson abstaining).
How is this decision likely to affect college admissions practices? While it would seem that the new ruling would make significant impact on the role of race in college admissions, the U.S. Department of Education immediately responded by providing guidance for colleges and universities who plan to continue the practice.
The takeaway for schools providing college admissions help for students is that little has changed. Continue stressing the necessity for students to prepare a solid and complete “resume” for admissions departments, including clear demonstrations of the ability to learn and strength of character.
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.