Gay discrimination complaint against BYU dismissed by Office of Civil Rights, U.S. Dept. of Education

File Image: Brigham Young University/ Intellectual Reserve, Inc.

PROVO, Utah, Feb. 10, 2022 (Gephardt Daily) — The U.S. Department of Education’s Office for Civil Rights has dismissed a Title IX complaint filed against Brigham Young University that alleged the school discriminated against students involved in same-sex romantic relationships.

Brigham Young University was told the case was dismissed on Tuesday, Feb. 8, in a letter from the Office for Civil Rights  (OCR).

The OCR letter said the office received a complaint “alleging that Brigham Young University discriminates against students on the basis of sex,” the letter says. “Specifically, the complaint alleged that the University engages in different treatment of students who are involved in same-sex romantic relationships by stating that such relationships are not compatible with the University’s Honor Code.”

The OCR letter says that because the university is exempt from some Title IX regulatory provisions due to “conflict with the religious tenets of its controlling religious organization, OCR lacks jurisdiction to address the complaints allegations. Accordingly, OCR is dismissing this complaint.”

The OCR letter also says BYU “must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or files a complaint.”

See the OCR’s full letter to BYU at the bottom of this article.

A statement issued by BYU says the school expected the outcome.

“BYU had anticipated that OCR would dismiss the complaint 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 says.

“As President Kevin J. Worthen wrote in a recent letter to OCR, BYU affirms ‘the freedom to operate a religious university without sacrificing distinctive religious beliefs,’ and at the same time, BYU ‘will continue to support ongoing efforts to find common ground on these issues as we strive to follow Jesus Christ’s example of love and fairness for all of God’s children.'”

Immediately below is the letter Brigham Young University’s president Pres. Worthen sent to the OCR in November. Below that is the OCR letter BYU received on Tuesday of this week.

BYU letter

 

final-signed-ocr-decision

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