Protect Yourself from the Possible; Maybe Even Inevitable

This past summer the Supreme Court session ended with a decision that may have a significant impact on Christian Schools… but not for the reasons you might think.

In 303 Creative, LLC v. Elenis et al. the high court decided in favor of a website designer who sought 1st Amendment protection from a Colorado law that prohibits businesses from withholding services based on discrimination.  On the surface this case appears to be a big win for biblically minded businesses like Christian schools, however, as they often do, the court language is limiting on how far this decision may reach. 

It is the circumstances around this case that school leaders should be paying attention to.  In arguments the lawyers for 303 Creative cited a request was made for a wedding website to be developed for a gay couple.  The person who made the request was identified as Stewart, however the person at Stewart’s address and phone number is not gay and denies making the request for a website.  It is highly likely that the online request came from a troll who was trying to entrap the owner of 303 Creative, Lorie Smith, under the Colorado Anti-Discrimination Act.

I have spoken with Christian school leaders who have had members of the LGBTQ+ community apply for jobs, and gay couples take tours of Christian schools who have voiced adherence to the biblical standard of marriage between one man and one woman.  According to Lorie Smith’s lawyer, there have been many clients targeted for the purpose of trying to create legal problems for biblically minded businesses.

Now is the time for Christian schools to protect themselves from trolls and attacks from those who hate traditional Christian values.  The court system has consistently upheld values decisions when those values are in written policies before there is a challenge.  When policy is written after there is a problem the court is not inclined to rule in favor of the school.  This is why most legal scholars recommend having a policy in place for hiring and admissions that addresses the biblical view of marriage and includes chapter and verse support for the policy and definition.  It is also recommended that schools that are part of a church ministry create their own policy and biblical support statement to provide maximum protection.  One way of doing this is to make this statement a part of the school’s Statement of Faith or What We Believe document.

It is increasingly possible that you may have an application for a teacher come across your desk that is from someone whose intent is to trap your school in an unlawful employment suit.  Are you properly prepared for this scenario?  Is it likely that the current makeup on the high court will support the rights of the school?  Yes, it is, but at what cost?  In 303 Creative it took 7 years for the case to be decided, and this was with Smith being proactive.

Be bold!  Stand up for biblical principles and righteousness and protect your ministry. 

If you would like to know how Leverage Educational Services can serve your school through a review of your handbooks and operational policies, contact Dr. John Furrow at John.Furrow@leverageeducational.com.