Gender Justice files amicus brief to ensure LGBTQ+ students have the same PSEO opportunities as their peers

FOR IMMEDIATE RELEASE
September 11, 2024

CONTACT
Noah Parrish, Communications Director
[email protected]
651-432-0171

Religious schools that participate in Minnesota’s publicly-funded PSEO program should not be allowed to discriminate against LGBTQ+ students

Gender Justice filed an amicus brief in the District Court of Minnesota case Loe v. Jett yesterday, supporting the State of Minnesota’s motion for summary judgment. The brief argues that religious institutions receiving public funds cannot reject LGBTQ+ high school students or force students to attest that LGBTQ+ people are “immoral” “broken” and “confused” as a condition of participation in the Postsecondary Enrollment Options (PSEO) program. Gender Justice urges the Court to dismiss the universities’ claims that PSEO violates their rights by simply requiring them to treat all students equally if the schools choose to participate.

“Religious institutions should not be allowed to impose harmful anti-LGBTQ+ beliefs on young students who are simply seeking an education,” said Jess Braverman, Legal Director at Gender Justice. “It’s deeply troubling that schools receiving public funds are pushing such blatantly discriminatory practices. Every student deserves equal access to educational opportunities, like PSEO, without the indignity of being told that their existence—or that of their loved ones—is immoral or wrong.”

The Case:
The case involves Crown College and Northwestern University, which seek the right to reject or expel LGBTQ+ students from participating in the PSEO program, a publicly funded initiative that allows high school students to take college courses. The plaintiff schools argue that they should be permitted to require high school students—and their LGBTQ+ family members, neighbors, and friends—to disavow their identities as a condition of participation.

LGBTQ+ students in Minnesota have robust anti-discrimination protections and a right to the same educational opportunities as their peers, free from discrimination and harm. PSEO exists to help students and is a purely secular program. Any school, including religious schools, can participate, but if they choose to opt in and receive public funds, they cannot discriminate against PSEO students.

Our Brief:
Gender Justice’s amicus brief argues that allowing religious institutions to discriminate against LGBTQ+ students undermines constitutional and statutory protections against discrimination based on sexual orientation and gender identity. The brief warns that granting such exemptions would set a dangerous precedent, allowing publicly funded institutions to enrich themselves with public money while evading anti-discrimination laws.

Gender Justice is advocating for the Minnesota District Court to affirm that religious exemptions cannot override the rights of LGBTQ+ students in publicly funded educational settings. We are asking the Court to ensure that all students have the right to inclusive, equitable educational opportunities, including students that participate in PSEO.

Read the amicus brief here.

Gender Justice is a legal and policy advocacy organization dedicated to advancing gender equity through the law. Our vision is for a world where people of all genders, gender identities and expressions, and sexual orientations have the opportunity to thrive. We work towards our vision through impact litigation, advocacy, movement building, and public education.