{"id":4238,"date":"2021-03-09T11:21:50","date_gmt":"2021-03-09T16:21:50","guid":{"rendered":"https:\/\/cardinalnewmansociety.org\/?p=4238"},"modified":"2021-04-15T11:40:22","modified_gmt":"2021-04-15T15:40:22","slug":"catholic-education-faces-serious-threats-in-2021","status":"publish","type":"post","link":"https:\/\/cardinalnewmansociety.org\/catholic-education-faces-serious-threats-in-2021\/","title":{"rendered":"Catholic Education Faces Serious Threats in 2021"},"content":{"rendered":"

Editor\u2019s Note: The article below is included in the forthcoming spring 2021 edition of the Newman Society\u2019s <\/em>Our Catholic Mission magazine. A version of this piece was published at Crisis Magazine.<\/em><\/p>\n

In just the first months of the Biden administration, Catholic educators have been confronted by serious threats to their freedom to teach and witness to the Catholic faith.<\/p>\n

We knew the storm was coming. Over the last four years, schools and colleges enjoyed a brief respite before the anticipated return of Obama-era policies like the mandate for contraception coverage in healthcare plans and attempts to open bathrooms and locker rooms to students of the opposite sex.<\/p>\n

The new threats loom even larger. We face radical attempts to erode protections for Catholic schools, colleges, homeschooling, and all models of Catholic education to fulfill their faith-based mission to uphold the moral law and other Catholic teaching. In particular, the Biden administration seems determined to force Catholic schools and colleges to embrace gender ideology or close their doors.<\/p>\n

President Biden has promised to sign the dangerous Equality Act in his first 100 days. At the time this newsletter went to print, the Equality Act had passed the House and was awaiting a vote in the Senate, where its fate may depend on whether the Senate ends the filibuster and requires only a majority vote. Meanwhile, some Republicans have floated a false compromise\u2014misnamed \u201cFairness for All\u201d\u2014that would only partly delay the collapse of religious freedom.<\/p>\n

Should any of these policies become law, Catholic educators must be prepared to go to court to defend their rights. The Cardinal Newman Society is already working with Alliance Defending Freedom to identify litigants for certain cases. Catholics must insist that the courts uphold the First Amendment.<\/p>\n

Meanwhile, Catholic educators can take steps quickly to ensure that courts recognize their religious sincerity and their consistency in upholding Catholic teachings. It is vitally important that Catholic schools, colleges, and other educational programs develop and implement policies that address a broad range of potential liabilities, clearly describe their moral expectations for students and employees, and explain why their policies are necessary to fulfill their Catholic mission.<\/p>\n

The Newman Society is available to help. The policy standards and other resources on our website can help leaders develop internal policies and link them directly to Catholic teachings. We continue to develop new guidance.<\/p>\n

There is no time to lose! The corruption and destruction of Catholic education is the big prize for those who oppose marriage and the family, because Catholic education teaches truth to the next generations.<\/p>\n

\"\"

Photo via Regina Pacis Academy in Norwalk, CT.<\/p><\/div>\n

Early executive actions<\/strong><\/p>\n

One way the Newman Society is striving to help Catholic educators prepare for the difficult months ahead is by sponsoring occasional webinars with legal experts. In February, we hosted a webinar for diocesan and Catholic school leaders with Eric Kniffin, legal advisor to the Newman Society and a former attorney for the Becket Fund and the U.S. Department of Justice. We also hosted a similar webinar for Catholic college leaders with Gregory Baylor, senior counsel and director of the Center for Religious Schools at Alliance Defending Freedom.<\/p>\n

Both attorneys assessed the early actions of the Biden administration affecting Catholic education, including the President\u2019s executive order on \u201cPreventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.\u201d Issued on his first day in office, January 20, the order opposes children being \u201cdenied access to the restroom, the locker room, or school sports\u201d because of gender identity. It requires federal agencies to interpret Title IX (the federal law concerning sex discrimination in education) and other laws in accord with the \u201creasoning\u201d of the Supreme Court\u2019s Bostock<\/em> ruling last summer, which forbids adverse employment actions on the basis of \u201cgender identity\u201d and \u201csexual orientation.\u201d Another directive came in February from the Department of Housing and Urban Development, which announced that it would interpret the Fair Housing Act to include \u201csexual orientation\u201d and \u201cgender identity\u201d within the scope of sex discrimination. While it may not seem that the Fair Housing Act should impact Catholic education, the new interpretation may be construed to require allowing biological males access to women\u2019s residences at boarding schools and Catholic colleges, and vice versa.<\/p>\n

On March 8, President Biden issued an executive order requiring the Education Department to conduct a 100-day review of regulations, policies and guidance and to rescind anything inconsistent with the view that Title IX covers \u201csexual orientation or gender identity\u201d discrimination.<\/p>\n

While these executive actions signal the Biden administration\u2019s intention to press gender ideology under Title IX and other laws, they do not change the laws\u2014that\u2019s what the Equality Act and other Congressional efforts attempt to do. Ultimately federal courts will determine how the Bostock<\/em> ruling\u2019s reasoning applies to education and other areas, and what religious protections remain.<\/p>\n

Equality Act<\/strong><\/p>\n

President Biden strongly supports the Equality Act, which was approved by the House of Representatives on February 25. This disastrous bill is a broad attack on religious freedom and, if passed, must be challenged in the courts as a violation of the First Amendment.<\/p>\n

The bill would amend several civil rights laws concerning education, employment, housing, and more to ban discrimination related to \u201csexual orientation\u201d and \u201cgender identity.\u201d It would expand the federal definition of \u201cpublic accommodations\u201d to include schools and colleges.<\/p>\n

Alarmingly, the Equality Act also would exempt its provisions from the broad protections of the Religious Freedom Restoration Act (RFRA), which apply to every other federal law. RFRA sensibly requires that, for any law impeding on religious activity, Congress must show that it has a \u201ccompelling interest\u201d as the basis for the law and that it could not find another way of meeting its objectives with less impact on religion. Clearly Congress could prevent discrimination in all secular activities without forcing Catholic educators to violate their beliefs, but the Equality Act insists on doing so\u2014and prevents appeals to RFRA to demand religious protections.<\/p>\n

And that\u2019s not all. Educators hoping for protection under the rather strong religious exemption in Title IX, the law banning sex discrimination in education, would effectively lose that option if the Equality Act is approved. That\u2019s because the bill adds \u201csexual orientation\u201d and \u201cgender identity\u201d to the scope of Title VI of the Civil Rights Act, which broadly applies to all recipients of federal funds and has no exemption for religious education. In the wake of the Equality Act, Catholic schools and colleges could be sued by their employees or students under Title VI for simply following the Church\u2019s teaching on the nature of the human person, and these institutions would not have recourse to any statutory protections for religious liberty.<\/p>\n

Fairness for All Act<\/strong><\/p>\n

For several years, Mormons and some evangelical Christians have worried that changes to nondiscrimination law are unstoppable, and therefore they have advocated a compromise bill that would change federal laws to include \u201cgender identity\u201d and \u201csexual orientation\u201d but would explicitly exempt religious institutions.<\/p>\n

Under the threat of the Equality Act, such a compromise\u2014deceptively dubbed the Fairness for All Act\u2014can seem attractive. But the reality is that, once federal nondiscrimination laws are amended, activists are not going to allow religious exemptions to stand for very long. Here\u2019s clear evidence: the strongest opposition to Fairness for All comes from the LGBT lobby, which has deemed Catholics to be bigots and demands that any law cover religious organizations. The lobby has so far been willing to forgo opportunities to pass some of its most desired provisions from the Equality Act, if religious protections are included.<\/p>\n

Aside from tactical concerns regarding the fragility of Fairness for All protections, endorsing \u201cgender identity\u201d and \u201csexual orientation\u201d as protected classes in the law would be a grave betrayal of Catholic values and the truth that is the foundation of Catholic education. Both labels are false and dangerous. They contradict Catholic teaching on sex and human nature, and there can be no faithful Catholic support for organizing society around such falsehoods.<\/p>\n

Furthermore, this compromise would only preserve religious freedom within narrow limits. Fairness for All would not protect the conscience rights of individual Catholics, likely to suffer marginalization and persecution in employment and other social activities. The bill would not prevent state agencies, accreditors, athletic associations, and vendors from deeming Catholic education discriminatory and ineligible for services. Catholic homeschooling and online educational resources could be restricted or banned.<\/p>\n

\"\"

Photo via St. Theresa Catholic School in Sugar Land, TX.<\/p><\/div>\n

Protecting Catholic education<\/strong><\/p>\n

Additional threats to Catholic education are expected in the coming months: efforts to require doctors to perform \u201cgender reassignment\u201d procedures and force insurers to cover such procedures, to mandate abortion coverage in employee benefit plans, to assert federal oversight of collective bargaining at Catholic colleges, and more. Regardless of federal action, private athletic and accrediting associations may pressure Catholic schools and colleges to compromise on LGBT issues. And struggles continue in the courts, especially to ensure the ministerial exception for all teachers and professors at faithful Catholic institutions.<\/p>\n

It won\u2019t be easy, but Catholic education must continue, as it is a key part of the Church\u2019s work of evangelization. The Supreme Court has generally shown respect for religious freedom, but it is up to Catholic education leaders to defend their rights and ensure protection under the First Amendment by firmly grounding all policies in Catholic teaching. Make use of the Newman Society resources on our website and contact us for assistance.<\/p>\n

God willing, together we will weather the storm, and Catholic education will come out of this stronger than ever!<\/p>\n","protected":false},"excerpt":{"rendered":"

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Reilly is President, CEO, and Founder of The Cardinal Newman Society, which promotes and defends faithful Catholic education. Since 1993, the Society has led a movement of educators and parents to uphold clear standards of truth and fidelity in Catholic education and to build up a strong core of faithful Catholic schools, homeschools, colleges, and graduate programs. This is done in full accord with the Magisterium of the Catholic Church and to promote the vision of the Society\u2019s holy patron, Saint John Henry Newman. Patrick also serves as an adjunct professor teaching rhetoric at Holy Apostles College and Seminary and a teacher and developer of logic, rhetoric, and philosophy courses for students grade 7-12 at Aquinas Learning, a classical Catholic hybrid school founded and led by his wife, Rosario. He has authored and edited many articles, reports, studies, and other publications on Catholic education for The Cardinal Newman Society and national media; addressed audiences for national and local Catholic organizations; and appeared on EWTN, FOX News, MSNBC, and numerous radio programs. Patrick was awarded Honorary Doctorates of Humane Letters from Benedictine College (Atchison, Kan.) in 2022 and Holy Apostles College and Seminary (Cromwell, Conn.) in 2008. He also was awarded the Catholic Culture Award from Our Lady Seat of Wisdom College (Barry\u2019s Bary, Ontario) in 2023; the Excellence in Youth Ministry Award from the Diocese of Arlington in 2019; the Lumen Vitae Medal from the University of Mary in 2018; the Miles Militantis Ecclesiae Award from the Brent Society of the Diocese of Arlington in 2011; the Hall of Fame Award from the Catholic Education Foundation in 2009; and the Spes Nostra Award from the National Association of Private Catholic and Independent Schools in 2003. He previously served as editor and research fellow at Capital Research Center, executive director of Citizens for Educational Freedom, higher education analyst at the U.S. House of Representatives, program analyst at the U.S. Department of Education, media consultant for the U.S. Conference of Catholic Bishops, and chairman of American Collegians for Life. 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Reilly is President, CEO, and Founder of The Cardinal Newman Society, which promotes and defends faithful Catholic education. Since 1993, the Society has led a movement of educators and parents to uphold clear standards of truth and fidelity in Catholic education and to build up a strong core of faithful Catholic schools, homeschools, colleges, and graduate programs. This is done in full accord with the Magisterium of the Catholic Church and to promote the vision of the Society\u2019s holy patron, Saint John Henry Newman. Patrick also serves as an adjunct professor teaching rhetoric at Holy Apostles College and Seminary and a teacher and developer of logic, rhetoric, and philosophy courses for students grade 7-12 at Aquinas Learning, a classical Catholic hybrid school founded and led by his wife, Rosario. He has authored and edited many articles, reports, studies, and other publications on Catholic education for The Cardinal Newman Society and national media; addressed audiences for national and local Catholic organizations; and appeared on EWTN, FOX News, MSNBC, and numerous radio programs. Patrick was awarded Honorary Doctorates of Humane Letters from Benedictine College (Atchison, Kan.) in 2022 and Holy Apostles College and Seminary (Cromwell, Conn.) in 2008. He also was awarded the Catholic Culture Award from Our Lady Seat of Wisdom College (Barry\u2019s Bary, Ontario) in 2023; the Excellence in Youth Ministry Award from the Diocese of Arlington in 2019; the Lumen Vitae Medal from the University of Mary in 2018; the Miles Militantis Ecclesiae Award from the Brent Society of the Diocese of Arlington in 2011; the Hall of Fame Award from the Catholic Education Foundation in 2009; and the Spes Nostra Award from the National Association of Private Catholic and Independent Schools in 2003. He previously served as editor and research fellow at Capital Research Center, executive director of Citizens for Educational Freedom, higher education analyst at the U.S. House of Representatives, program analyst at the U.S. Department of Education, media consultant for the U.S. Conference of Catholic Bishops, and chairman of American Collegians for Life. Patrick and his wife Rosario have five children, including four who have attended Newman Guide colleges.","url":"https:\/\/cardinalnewmansociety.org\/author\/patrick-reilly\/"}]}},"_links":{"self":[{"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/posts\/4238","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/comments?post=4238"}],"version-history":[{"count":0,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/posts\/4238\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/media\/4206"}],"wp:attachment":[{"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/media?parent=4238"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/categories?post=4238"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/tags?post=4238"},{"taxonomy":"issue","embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/issue?post=4238"},{"taxonomy":"item_type","embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/item_type?post=4238"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/cardinalnewmansociety.org\/wp-json\/wp\/v2\/coauthors?post=4238"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}