As a result, the two universities’ prohibitions on homosexual behavior could be used to penalize or even expel students.And while many religious colleges since 2014 have secured partial Title IX waivers from the U. Department of Education -- citing religious freedom as a reason to ignore aspects of the Obama administration LGBT guidance -- neither Bob Jones nor Liberty has pursued that option.Students and alumni have accused both universities of being unwelcoming to gay and transgender students, although perhaps more so for students at the smaller Bob Jones, which has previously acknowledged that its policies “forbid homosexuality” and until 2000 had barred interracial dating.
In fact, if the White House even noticed a possible violation or was pressured to challenge an institution’s compliance with the guidelines, it could increase the odds that the Education Department would issue a new guidance upending the Obama administration’s definitions of Title IX protection for LGBT students.Each of these institutions had been granted tax-exempt status years earlier.When the IRS revoked Bob Jones University’s tax-exempt status in 1976, retroactive to 1970, the college sued, arguing that the IRS had made two errors.Section 501(c)(3) of the Internal Revenue Code provides tax exemptions for eight classes of organizations — including charitable, educational and religious institutions — that, according to the Court, provide “beneficial and stabilizing influences in community life.” Such institutions’ racial policies had no impact on their tax status until 1970, when the IRS ruled that racially discriminatory practices would render an institution not “charitable” as they violated federal policy.This new interpretation of section 501(c)(3) followed a federal district court injunction preventing the IRS from granting exempt status to private schools in Mississippi that practiced racial discrimination in admissions.First, the IRS lacked the authority to modify the code in this manner.Second, the university’s policy was based on religious beliefs protected by the First Amendment. The IRS argued that section 501(c)(3) implied that tax-exempt institutions had to meet common law definitions for charitable trusts: they had to provide a public benefit and not be opposed to fundamental public policy. Burger, writing for the eight-justice majority, found that the IRS interpretation was correct and that the government’s purpose of eliminating discrimination in education was so fundamental to public policy that it overrode Bob Jones University’s religious convictions."For Obama, because a worst-case scenario would mean the courts checking the power of the executive fiats.For the schools, my guess would be that in a world of declining enrollment for privates, strict exclusion is not financially viable.In 1970, the IRS notified Bob Jones University of South Carolina, Goldsboro Christian Schools of North Carolina, and some other private Christian educational institutions that to maintain or receive tax-exempt status, they would have to modify racially discriminatory admissions and association policies.Bob Jones University began to admit African-Americans in 1971, but maintained its ban on interracial dating and marriage, while the Goldsboro Christian School refused to admit minority students.(Liberty President Falwell, an early Trump supporter, had a prominent speaking slot at the convention and says he will lead a White House task force on higher education, with a purview that remains unclear.) The Republican platform voiced support for the “original intent” of the 1972 Title IX, which prohibits discrimination based on sex.But the GOP said bureaucrats and the Obama administration were using Title IX to “impose a social and cultural revolution upon the American people by wrongly redefining sex discrimination to include sexual orientation or other categories,” adding that Obama was “determined to reshape our schools -- and our entire society -- to fit the mold of an ideology alien to America’s history and traditions.” Religious Exemptions Gay rights groups and the American Civil Liberties Union praised the Obama administration’s inclusion of LGBT protections in the 2014 guidance document, saying it would help reduce discrimination on campus.In 2015, Liberty received roughly 0 million in federal aid, with million in Pell Grant revenue and 6 million in federal student loans. C., and enrolls 3,000 students, that year received .7 million from Pell Grants and .1 million in federal loans.