Second Expelled Student Sues Fuller for LGBT Discrimination

"Another former Fuller Theological Seminary student who says he was expelled because of his same-sex marriage has joined a lawsuit alleging the nation’s largest interdenominational seminary violated anti-discrimination laws." - Christianity Today

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Bert Perry's picture

Seems to me that when the student signed on, he signed an agreement that he'd hold to traditional interpretations of Scripture that said that marriage is only between a man and a woman.  Regarding the lawsuit, he's basically arguing that Title IX, which is 23 words stating this:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Notice that it doesn't say anything about sexual orientation, and when Title IX was enacted in 1972, most states banned homosexual acts.  Now they didn't punish the bans very much, but to argue that Title IX protects homosexuals from being expelled based on university student codes simply denies what we know about Congress at the time.  

My prediction, since it's in California, is that at least one court will rule against Fuller, and either the 9th Circuit (no kidding) or the Supreme Court will rule that Title IX does not protect homosexuals when they "come out" in contradiction to their schools' honor codes.  It's worth noting that in other Title IX cases, one of the circuit courts that ruled that cross examination must be practiced was the 9th Circuit.  Both sides of the aisle, in terms of jurists (appointed by Democrats and Republicans), have agreed on this.

Long and short of it; the young man here will probably not personally feel terrible results personally (he's got a job wherever he wants in progressive churches), but legally speaking, his counsel will eventually get slapped into next week.  It's clearly a test case, but one that requires a few years of a leftist (not just Democratic) President making a lot of judicial nominations.

Aspiring to be a stick in the mud.