AUGUST 2024 | Volume 2 | Number 8
WWelcome to the August 2024 edition of the ACCS Legal Update. It is back-to-school time, surely one of the most hectic seasons for all educators, parents, and students! Normally, the Legal Update focuses on one or two newsworthy issues at some length. But, to honor your time constraints (and simultaneously mirror the chaos of the season), this update will focus on providing a few brief stories.
Louisiana Passes School Choice Legislation
Last month, the state of Louisiana joined a growing number of states expanding school choice programs by passing Senate Bill 31 which allows for the creation of the Louisiana Giving All True Opportunity to Rise (LA GATOR) program. Louisiana Governor Jeff Landry praised the bill, stating, “The LA Gator Program puts parents in the driver’s seat and gives every child the opportunity for a great education. When parents are committed to the value of their child’s education, government should never get in the way.”
While some praise the decision as a victory for parents and students alike, others warn that such legislation could ultimately allow dangerous government interference into previously private and/or religious education. In other words, government money always comes with strings attached. And on that note…
UPDATE: Federal Judge Rejects Challenges to New Title IX Rules
As we have reported in previous editions of the Update, in April, the U.S. Department of Education made significant changes to Title IX (part of the 1972 Education Amendments which specifically prohibits discrimination on the basis of sex). The prohibition applies to educational programs and activities, including athletics. The Department of Education expanded the prohibitions of Title IX to include “sexual orientation, gender identity, and sex characteristics.”
Since then, twenty-six states have filed lawsuits challenging enforcement of the new rules, with almost half of them obtaining temporary holds upon enforcement until their legal battles are decided.
However, on July 30th, U.S. District Judge Annemarie Axon of the Northern District of Alabama became the first judge to rule in favor of enforcement of the Biden administration’s new wording, paving the way for the Department of Education to enforce the rule in Alabama, Florida, Georgia, and South Carolina.
The state of Alabama has already announced their plan to appeal the decision, while also joining state education leaders from South Carolina and Florida in ordering districts not to enforce the new Title IX restrictions.
Stay tuned! The legal issues surrounding this matter will continue to grow.
Washington Anti-Discrimination Law May Threaten Christian Groups
In 2023, the Union Gospel Mission of Yakima, Washington filed a lawsuit against the state due to the Washington Law Against Discrimination (WLAD) which prohibits employers from discrimination over sexual orientation. Due to the law and the threat of potential prosecution, the Mission felt compelled to change hiring practices, enact a hiring freeze, and remove its published requirements for employment. These pressures led to a lawsuit alleging that WLAD violated their free speech and the exercise of religion.
That lawsuit was rejected by U.S. District Judge Mary K. Dimke over what she claimed were jurisdictional issues. However, on August 12, 2024, the U.S. Court of Appeals for the Ninth Circuit overturned Dimke’s decision and remanded the case back to her, and even encouraged her to consider an injunction that would protect the Mission until their legal challenge is decided.
This is all encouraging news. What remains somewhat concerning is that the state of Washington has repeatedly refused to commit to not enforcing WLAD against religious institutions. Such refusals were even part of the Appeals Court rationale in remanding the case back to Dimke.
Additionally, WLAD has already led to another lawsuit against the Union Gospel Mission of Seattle for refusing to hire a bi-sexual man who applied for a staff attorney position. That case has been allowed to move forward by the Washington Supreme Court – a sobering indication that Christians may be the one group not protected by anti-discrimination laws
Now What?
- C.S. Lewis noted, “The next best thing to being wise oneself is to live in a circle of those who are…” Surround yourself with wise counselors who can help you navigate the ever-changing legal world. This would include legal counsel, experienced headmasters and teachers, and even statesmen and political officials.
- Learn about common issues related to freedom of religion in the classroom. One free but valuable resource is the K-12 Educators’ First Amendment Guide from Alliance Defending Freedom.
- Do not despair or give way to anxious thoughts, even in the face of legal uncertainty and confusion. Remember that the Apostle Paul’s exhortation against anxiety was written from prison(!) and his counsel is certainly applicable to us: “do not be anxious about anything, but in everything by prayer and supplication with thanksgiving let your requests be made known to God. And the peace of God, which surpasses all understanding, will guard your hearts and your minds in Christ Jesus” (Philippians 4:6-7).
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.