Some colleges—for instance, Hillsdale and Grove City—stand apart from federal funding. Such places thus seem relatively safe. But are they? There is another point of vulnerability: the 1983 Supreme Court ruling in Bob Jones University v. United States. This ruling denied tax-exempt status to Bob Jones University because of policies regarding interracial dating that were judged contrary to a compelling government policy.

Last weekend I had the pleasure of lecturing at the American Enterprise Institute’s Values and Capitalism Faculty Retreat on the challenges facing Christians in higher education. One point I made concerned the need for Christian institutions to wean themselves off of government money as soon as possible. Given the financial significance that the federal student loan system has for most colleges, this process will be painful and difficult for many, where it is possible at all. Yet it is vital. The complexity that federal loans bring to the relationship between private institutions and the government is such that the whole notion of a public accommodation is now potentially far more extensive than could have been imagined a generation or two ago. And that means that the First Amendment, far from being a friend of Christian colleges and confessional seminaries, might prove to be the very opposite. If you take government money, what right do you have to restrict speech on your campus in accordance with your own religious convictions?

The specific point of conflict is likely to be (once again) Title IX legislation that prohibits sexual discrimination at any institution of higher education receiving federal funding. The law does allow an exemption for religious organizations such as colleges and seminaries, an exemption to which I shall return. What is worrying is the increasing elasticity of the legislation, which was extended under President Obama to include transgenderism. That “Dear Colleague” letter has since been rescinded, but the underlying cultural commitments that made Title IX expansions plausible remain in place.

Some colleges—for instance, Hillsdale and Grove City—stand apart from federal funding. Such places thus seem relatively safe. But are they? There is another point of vulnerability: the 1983 Supreme Court ruling in Bob Jones University v. United States. This ruling denied tax-exempt status to Bob Jones University because of policies regarding interracial dating that were judged contrary to a compelling government policy. The text of the decision can be found here, but the key passage reads as follows:

The Government’s fundamental, overriding interest in eradicating racial discrimination in education substantially outweighs whatever burden denial of tax benefits places on petitioners’ exercise of their religious beliefs. Petitioners’ asserted interests cannot be accommodated with that compelling governmental interest, and no less restrictive means are available to achieve the governmental interest.

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