Not since perhaps the middle of the third century have those things that constitute good citizenship of the earthly and the heavenly cities been so difficult to reconcile. It is ironic, perhaps, that Fuller could be the seminary test case for this. Anyone familiar with the history of the institution from the work of George Marsden or Rudolph Nelson will know that it has long been a byword in conservative evangelical circles for theological compromise. But in the seminary world, cultural relevance is a cruel, demanding, and insatiable mistress. Too much will never be enough.

Fuller Theological Seminary is facing a Title IX lawsuit from a former student, whom Fuller had expelled for entering into a civil same-sex marriage. Title IX prohibits discrimination on the basis of sex at any institution of higher education receiving federal funding. As I have noted before at First Things, this law does allow exemptions for religious institutions, but such exemptions are becoming increasingly tenuous. And despite the Trump administration rescinding the infamous “Dear Colleague” letter by which the Obama administration sought to expand Title IX to cover transgender people, the elasticity of the legislation in our current climate renders it the left’s equivalent of Batman’s all-purpose utility belt.

Such a case was bound to happen at some point. Civic piety and Christian piety in the realm of sexual mores and identity are increasingly antithetical to each other. Not since perhaps the middle of the third century have those things that constitute good citizenship of the earthly and the heavenly cities been so difficult to reconcile. It is ironic, perhaps, that Fuller could be the seminary test case for this. Anyone familiar with the history of the institution from the work of George Marsden or Rudolph Nelson will know that it has long been a byword in conservative evangelical circles for theological compromise. But in the seminary world, cultural relevance is a cruel, demanding, and insatiable mistress. Too much will never be enough.

The problem seminaries face is government money. Involvement in federal loan schemes for students brings responsibilities under Title IX. A defense under the First Amendment might be arguable but past legal precedents have drawn a tight connection between government money and public accommodations. And if a seminary is deemed a public accommodation, the First Amendment becomes an enemy, not a friend, as the idea of imposing a narrow confessional stand on staff and students becomes a restriction of freedom of speech and a confusion of church and state.

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