REAP Case Against Title IX Exemptions Dismissed

Reported By: Benny Schorie

Photo Courtesy: thereap.org

On Jan. 12, the Religious Exemption Accountability Project (REAP) announced its case against the US Department of Education had been dismissed by the US District Court of Oregon. The announcement was made via REAP’s Instagram account on Jan. 13. 

The post said, “The Court recognized that ‘Plaintiffs seek a mandate of equal treatment with respect to participation in educational institutions’ and determined that the current unequal treatment is caused by the federal government's implementation of the religious exemption to Title IX.”

REAP filed this class action lawsuit in Apr. 2020 to hold religious universities with Title IX exemptions that allow the discrimination of LGBTQ+ students on religious grounds accountable. The lawsuit was filed on behalf of a large group of plaintiffs who experienced discrimination that was not addressed by their college. They organized a nationwide protest on Oct. 11, 2022, to bring awareness to the plight of LGBTQ+ students at religious schools.

Paul Southwick, George Fox University (GFU) alumnus and director of REAP, said the judge acknowledged the harm that’s been done and contributed to by the government. “However, the judge declined to give a remedy for that harm. It is hard to say what caused the loss but the judge expressed concern over the free exercise of religion, among other concerns,” Southwick said.

REAP shared the reactions of their plaintiffs on Instagram. Elizabeth Hunter said, “The silence and erasure of LGBTQ+ students should not be precedent.” Kalie Hargrove said the federal government has “shown human dignity is optional.” REAP’s statement expressed concern for the use of religion to defend discriminatory acts and behaviors.

Southwick said they are currently unsure if REAP will proceed with an appeal. If they choose to proceed with an appeal, the decision will be made in the next few weeks, and the appeal would take 1-2 years to complete. “I am optimistic that, if we appeal, our legal arguments will be compelling and it would advance the cause of safety and equality for LGBTQIA+ students,” Southwick said.