Education Dept. Says BYU Can Discriminate Against Queer Students
specifically addressed BYU’s ban on same-sex dating. The Provo, Utah, school, affiliated with the Church of Jesus Christ of Latter-day Saints (a.k.a.
the Mormon Church), removed language banning “homosexual behavior” from its Honor Code in 2020, leading some students to celebrate and come out.
But then the administration clarified that same-sex romantic relationships and displays of affection were still prohibited, even if that was not written into the Honor Code.
A complaint was filed with the Office of Civil Rights — the person who filed it has not been identified — and the OCR began an investigation.In a letter dated Tuesday, OCR supervisory attorney Sandra Roesti wrote to BYU officials that while the university is subject to Title IX overall, it is exempt from provisions that would conflict with LDS religious beliefs, so the agency “lacks jurisdiction to address the complaint’s allegations.” She advised that BYU must not retaliate against anyone who files a complaint.BYU issued a statement Thursday acknowledging the dismissal and saying it was expected “because OCR has repeatedly recognized BYU’s religious exemption for Title IX requirements that are not consistent with the religious tenets of The Church of Jesus Christ of Latter-day Saints.” It also quoted a letter that the university’s president, Kevin Worthen, had sent to OCR, saying, “We simultaneously stand firm in our religious beliefs and reiterate our love and respect for each member of the campus community.”Some of those members and their allies are upset, however. “I’m not sure how long we will allow ‘religious liberty’ to supersede the rights of queer people,” Zachary Ibarra, a gay Mormon and recent BYU graduate, told The Salt Lake Tribune.
