Preparing for Winter

January 16, 2018

by Carl Trueman

Last weekend I had the pleasure of lecturing at the American Enterprise Institute’s Values and Capitalism Faculty Retreat on the challenges facing Christians in higher education. One point I made concerned the need for Christian institutions to wean themselves off of government money as soon as possible. Given the financial significance that the federal student loan system has for most colleges, this process will be painful and difficult for many, where it is possible at all. Yet it is vital. The complexity that federal loans bring to the relationship between private institutions and the government is such that the whole notion of a public accommodation is now potentially far more extensive than could have been imagined a generation or two ago. And that means that the First Amendment, far from being a friend of Christian colleges and confessional seminaries, might prove to be the very opposite. If you take government money, what right do you have to restrict speech on your campus in accordance with your own religious convictions?

The specific point of conflict is likely to be (once again) Title IX legislation that prohibits sexual discrimination at any institution of higher education receiving federal funding. The law does allow an exemption for religious organizations such as colleges and seminaries, an exemption to which I shall return. What is worrying is the increasing elasticity of the legislation, which was extended under President Obama to include transgenderism. That “Dear Colleague” letter has since been rescinded, but the underlying cultural commitments that made Title IX expansions plausible remain in place.

Some colleges—for instance, Hillsdale and Grove City—stand apart from federal funding. Such places thus seem relatively safe. But are they? There is another point of vulnerability: the 1983 Supreme Court ruling in Bob Jones University v. United States. This ruling denied tax-exempt status to Bob Jones University because of policies regarding interracial dating that were judged contrary to a compelling government policy. The text of the decision can be found here, but the key passage reads as follows:

The Government’s fundamental, overriding interest in eradicating racial discrimination in education substantially outweighs whatever burden denial of tax benefits places on petitioners’ exercise of their religious beliefs. Petitioners’ asserted interests cannot be accommodated with that compelling governmental interest, and no less restrictive means are available to achieve the governmental interest.

However we may cheer the particular result of the Bob Jones case, the implications unfolding in today’s climate are concerning. Replace “racial” with “sexual” in the paragraph above, and the point is clear. In an era where a close analogy is assumed between civil rights regarding race and civil rights regarding sexual identity, the Bob Jones precedent could easily lead to the revocation of tax-exempt status for schools committed to traditional views of marriage and sexual morality.

The usefulness of Title IX and Bob Jones for the sexual-identity revolution lies precisely in the fact that most Christians see them as sound in what they were originally meant to accomplish, even as some might cavil at their heavy-handed application in after years. In a world where the law increasingly seems to exist not to protect minority opinion but to impose the sexual or identitarian taste du jour, the uses of these laws are increasingly sinister. Yet their origins make them hard to oppose with any cultural plausibility. For this reason, the religious exemption in Title IX will, I suspect, either fall or become so attenuated as to be in practice meaningless. . . .

. . . continue reading at First Things.

Carl Trueman

Dr. Trueman (PhD, Aberdeen) is professor of church history at WTS.

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