A second seminary student sued Fuller Theological Seminary last week. The student claims he was expelled for his same-sex marriage, according to Christianity Today. He joins a female plaintiff who alleges that she also faced discrimination on the basis of her sexual orientation.
The two are suing the seminary for $1 million each in damages. Fuller Theological Seminary, located in California but with campuses around the country, is the country’s largest interdenominational seminary, a religious college that trains individuals to become priests. This appears to be the first lawsuit of its kind regarding gay and transgender discrimination at a seminary.
Nathan Brittsan was let go by Fuller in 2017 after he requested to change his last name to that of his male spouse. Joanna Maxon, meanwhile, sued Fuller last November after the seminary expelled her in 2018, when school officials noticed the name of her wife on her tax returns. Much of the controversy involved stems from the fact that despite being a private institution, Fuller does receive government funds in some forms.
Fuller participates in federal work-study programs and federal low-interest loan programs. According to Title IX, federal funds cannot go to educational programs that discriminate based on sex, which some say implicitly applies to sexual orientation.
“It’s a very important case at this time in our nation’s history,” Paul Southwick, the attorney representing Maxon and Brittsan, told Christianity Today. “This case could set an important legal precedent that if an educational institution receives federal funding, even if it’s religiously affiliated, even if it’s a seminary, that it’s required to comply with Title IX prohibitions on sex discrimination as applied to LGBT individuals.”
Meanwhile, the pro-religious-liberty legal organization Becket represents Fuller. In an email, Daniel Blomberg, senior counsel at Becket, told me:
It will be interesting to see as the case moves forward whether it becomes an issue highlighting Title IX funding or the First Amendment. Supporters will say that Fuller’s actions are protected by the First Amendment because they are motivated by their traditional Judeo-Christian views that marriage should be between a man and a woman.
But critics will insist that the case regarding Title IX is what complicates the situation. If federal law prohibits discrimination based on sex for schools that receive taxpayer funds, should that extend to sexual orientation? And does holding to traditional Judeo-Christian views count as “discriminating” based on sexual orientation? The eventual answer to these questions this case provides will shape the future of religious education in America.
Nicole Russell (@russell_nm) is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist who previously worked in Republican politics in Minnesota.
