By: Emma Bechara
A Look at California Legislation on Academic Institutions with Religious Affiliations
Should academic institutions that are controlled by religious organizations be subject to state anti-discrimination laws? What if the anti-discrimination laws are in direct conflict with the fundamental tenets of a religious organization? These are two of the key questions at the center of the recently-passed Senate Bill 1146 (“SB 1146”), signed into law in California on September 30, 2016 by Governor Jerry Brown. Unsurprisingly, its enactment has been met with impassioned debate from both sides of the fence; notably on the one side by Equality California and on the other by religiously-affiliated private postsecondary institutions. For such significant legislation, little has been reported or discussed on its enactment. Against this backdrop, this post provides both a brief overview of the bill and its federal equivalent, and some food for thought about whether the bill passes muster under the United States Constitution.
What is SB 1146?
Senator Ricardo Lara, the bill’s author, argues that legislation in the form of SB 1146 is necessary because, as it stands, universities are using federally authorized exemptions from Title IX of the Education Amendments of 1972 (“Title IX”) as a means to discriminate against students, particularly against those who are transgender and homosexual. In the Continue reading “California’s SB 1146: A Threat to Religious Freedom?” →
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