Posted by:
elderolddog
(
)
Date: January 20, 2022 05:09PM
Here’s my attempt at a synopsis of the SLTrib piece, since it’s behind the subscriber paywall:
The investigation is into the manner in which BYU “…disciplines its LGBTQ students…” Is BYU violating their civil rights?
Such scrutiny by the Feds is rare, especially with a church school.
The genesis of the investigation appears to be a complaint filed in Spring of 2020, when changes were made in the Honor Code, giving the impression that Gay relationships would be tolerated. But a few weeks later the Y said, “Nope, no Gaiety here, you heathens!” Which resulted in complaints that Gay students had been tricked into ‘coming out’.
The investigation seems to be centered on the issue, ...is it a violation of Gays’ rights to disallow same-sex mating rituals that heteros are allowed? If the heteros can be snuggle-bunnies, why can’t the Gays?
A BYU spokesman said she expects the Feds will allow the Y to continue to enforce church standards, because Title IX, under which the investigation is being pursued, does allow church schools to enforce their religious doctrines.
The article mentions that bastion of church rights, Dalila Oaks, who in 1976 led the charge for religious institutions being allowed to “discriminate” on the basis of beliefs, the first school (but not the last) to do so.
Probes into the lives and backgrounds of employees were seen as necessary to make sure there was compliance with ‘church standards.’ Oaks noted that he wasn’t asking permission; he was telling them what was going to happen.
One such ‘violation’ of Title IX is denying a student an earned or awarded scholarship if the school finds out he/she is Gay. BYU says it has the right/power to do this.
Because students sign the Honor Code, violations can have consequences that they explicitly agreed to. But if “homosexual behavior” is no longer covered in the Honor Code, can church standards still be imposed, with resultant consequences?
Current Pres. Kevin Worthen wrote to the Feds as soon as he learned of the investigation to tell them, “Yes, yes we can.” He said that right was implied because it is a known church standard.
The fight is going to be over the 2020 change in the Honor Code wording; can students, faculty, and employees rely on the change, or will the church’s view that the rewording didn’t change anything about their rules (interesting POV) be persuasive?
A number of Gay students and alumni were interviewed and they want the church to change. The church counters that they have to answer to a higher power than the Feds . . . And the US Constitution gives them that right and they already have the power.