Education department tosses Title IX complaint against BYU's same-sex dating restriction

The education has dismissed a Title IX complaint against Brigham Young University which alleged that it discriminates against students involved in same-sex relationships.

Currently, any sexual relations outside “marriage between a man and a woman,” are against the university honor code, and a March 2020 letter from Elder Paul V. Johnson, Commissioner of the Church Educational System, states that “same-sex romantic behavior” is not permitted.

“Same-sex romantic behavior cannot lead to eternal marriage and is therefore not compatible with the principles in the honor code,” the letter states.

The Department of Education Office for Civil Rights notified Brigham Young University that the complaint was dismissed on Tuesday, citing religious exceptions. Brigham Young University is a private institution sponsored by The Church of Jesus Christ of Latter-day Saints.

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Provo, United States - October 2, 2016: Entrance to campus of Brigham Young University.

Provo, United States – October 2, 2016: Entrance to campus of Brigham Young University.
(iStock)

The Title IX complaint was submitted in March 2020.

On Thursday, the university issued a statement saying that it anticipated the complaint would be dismissed because the department’s Office for Civil Rights “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.”

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Feb. 17, 2012: A student walks past the entrance of Brigham Young University in Provo.

Feb. 17, 2012: A student walks past the entrance of Brigham Young University in Provo.
(Reuters)

The university also noted that the Office for Civil Rights said on Jan. 3 that it was exempt from Title IX provisions “that pertain to sexual orientation and gender identity.” 

Kevin Worthen, president of Brigham Young University, wrote in a Nov. 19 letter to the Office of Civil Rights that the “intersection of religious identity and LGBTQ identity—both at an institutional level and an individual level—is complex and nuanced.”

FILE - This April 19, 2016, file photo, shows a welcome sign to Brigham Young University in Provo, Utah.

FILE – This April 19, 2016, file photo, shows a welcome sign to Brigham Young University in Provo, Utah.
(The Associated Press)

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“At BYU, where our religious mission is inextricably bound up in the doctrine of Jesus Christ, we simultaneously stand firm in our religious beliefs and reiterate our love and respect for each member of our campus community,” Worthen wrote. 

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