Discrimination in Private P–20 Schools

• In Event: 61.072 - Toward Justice for LGBT Students and Parents: Law, Policy, and Praxis

Abstract

Julie Mead, Professor of Educational Leadership and Policy Analysis at the University of Wisconsin-Madison

Suzanne Eckes, Associate Professor of Educational Leadership & Policy Studies at Indiana University

Objectives
The panelists examine P-20 LGBT student rights when issues of religious freedoms arise. This presentation is intended to generate discussion about how schools/colleges and courts resolve religious rights of private institutions.

Perspective
While private schools accepting vouchers in some states may employ various admissions requirements, charter schools must admit any interested student. While much has been written on the need for charter schools to avoid discriminating against marginalized groups, this focus on equity and transparency is sometimes lost within the public debate of school voucher programs. Important questions arise about whether public money used for private school tuition in voucher programs is problematic if the school is permitted to discriminate in admissions especially with regard to LGBT students and other marginalized groups. We also analyzed whether it is permissible for private institutions (both K-12 and post-secondary) to rely on religious beliefs when discriminating against LGBT students in other contexts. Within this discussion we also refer to the recent impact of the Supreme Court’s “Hobby Lobby” case on private educational institutions.

This work builds on previous socio-legal studies, especially Wong and Nicotera (2004) and Yudof (1978), which explored judicial interpretations regarding educational inclusion.

Methods/Modes of Inquiry
LGBT discrimination across the P-20 spectrum has challenged the boundaries of student rights to be free from harassment and at the same time recognize the religious freedom of private institutions. Recently, these cases have emerged in the form of competing interests (e.g., sexual orientation and religion). The panelists analyze cases using legal approaches of constitutional analysis and precedence, and they incorporate a social science approach of a collective case study (Stake, 1995).

Data Sources
The panelists investigate how courts and legislatures have addressed contests involving student discrimination based on sexual orientation as it relates to religious freedom.

Results/Substantiated Conclusions
Media reports have confirmed that some private schools accepting public voucher money have been accused of discriminating against LGBT students (see, e.g., Severson, 2013). For example, voucher schools in Georgia are reported to expel gay students because such “lifestyle” is contrary to their religious teachings. Moreover, the recent Hobby Lobby decision may permit private entities more leeway in relying on religious beliefs – even if such beliefs offend the rights of LGBT students. This article will explore the potential for discrimination in several states’ voucher programs as well as the potential for discrimination in private institutions of higher education (e.g., admitting openly gay students).

Scholarly Significance
This issue contributes to the scholarship and practice areas of education law by (1) filling a gap in academic fora that addresses private schools’ rights to exclude LGBT students from a P-20 review and (2) reveals subtle factors that enter into the discussion of LGBT rights.

Authors

• Julie F. Mead, University of Wisconsin - Madison

• Suzanne E. Eckes, Indiana University