Will SB 1146 End LGBT Discrimination in California's Religious Schools?

[rug]

BY STEPHANIE RUSSELL-KRAFT
AUGUST 1, 2016

A new religious freedom battle has been brewing in California, but you probably haven’t heard of it yet. The Golden State’s Christian colleges and universities are up in arms over SB 1146, a Senate bill they argue would effectively end academic religious freedom altogether. Drowning under a wave of press releases, lobbying efforts, and social media campaigns is the intention behind Senator Ricardo Lara’s bill, which was to close a “loophole” that currently allows religious universities to get away with discriminating against students and staff based on their gender identity, gender expression, or sexual orientation.

A few questions jump to the fore with SB 1146: should religious universities be subject to state anti-discrimination laws and, if so, what penalties should be in place? If they are allowed exemptions from the law, should they have to publicly disclose information about these exemptions?

It’s a wonky subject, but bear with me. Here’s the backstory:

Religious universities are currently exempt from certain anti-discrimination provisions in California’s Equity in Higher Education Act, and they may request exemption from similar Title IX provisions that bar discrimination against LGBT students and staff. Since 2013, there has been a massive uptick in the number of schools across the country requesting and receiving Title IX exemptions. According to the Human Rights Campaign, LGBT students at religious universities are in danger of finding themselves “enrolled at schools that are granted the legal right to discriminate against them partway through their degree program.”

http://religiondispatches.org/will-sb-1146-end-lgbt-discrimination-in-californias-religious-schools/

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1146