USU rival under investigation for treatment of LGBTQ+ students
The U.S. Department of Education’s Office of Civil Rights, or the OCR, has opened an investigation into Brigham Young University for the treatment of LGBTQ students.
According to Deseret News, the investigation began on Oct. 21, and is based on a complaint from March 2020.
The complaint was filed a short time after BYU removed a section of their honor code relating to “homosexual behavior.”
Many students viewed the removal as a change in a policy that prohibited hand holding, kissing and dating between same-sex couples. However, BYU later clarified that those signs of affection were still unacceptable under the honor code.
The clarification resulted in several protests from students, including two instances where they lit BYU’s hillside letter “Y” in rainbow LED lights.
In March, a study was published in the journal Personality and Individual Differences which concluded nearly 1,000 students at the university, or about 13.2%, identified as LGBTQ.
Amid the investigation, BYU insisted that as a private, religiously-owned university, they hold certain exemptions from Title IX, a statute that protects students on the basis of sex.
“Given BYU’s religious exemption, BYU does not anticipate any further action by OCR on this complaint,” the university said in a statement to KSL. “BYU is exempt from application of Title IX rules that conflict with the religious tenets of The Church of Jesus Christ of Latter-day Saints. OCR has repeatedly recognized BYU’s religious exemption, including in connection with this case.”
Kevin Worthen, the president of BYU, also commented on the investigation in a November letter.
“Neither the complaint nor OCR’s letter identifies any provision or specific requirement under Title IX that BYU is allegedly violating,” he wrote.
Also included with the several-page letter was a copy of the church’s Family Proclamation, a copy of the BYU honor code and a 1976 letter to former BYU President Dallin H. Oaks in which the civil rights exemption was initially granted.
Worthen also reminded the OCR that BYU welcomes LGBTQ students, but expects them to follow the guidelines outlined in the honor code along with all other students. Every student signs a copy of the honor code at the beginning of the academic year.
“BYU affirms that the freedom of religion guaranteed by the Constitution and federal law includes the freedom to operate a religious university without sacrificing distinctive religious beliefs or practices,” Worthen told the OCR.
The investigation is one of ORC’s more than 1,400 ongoing investigations.
Erika-Danielle Lindström, the gender and sexuality coordinator of the USUs Inclusion Center, gave insight as to why the investigation is relevant to USU students and staff.
“Instances like this can continue to remind the USU community that inclusion is an active daily commitment and when there are policies that create barriers to access, we need to remove them so that all students, staff and faculty can be genuinely valued for who they are,” she said.
Lindström also highlighted some of the ways in which USU’s behavior differs from BYU, including the recent approval of an LGBTQ USU logo and a partnership with the resource group Encircle.
“There are many things left to be done on this campus, but I truly believe that USU strives to create an environment that is inclusive towards its LGBT+ students and we can continue to learn together on how to make this happen,” Lindström said.
USU’s Queer Student Alliance also previously showed their support and solidary with LGBTQ students at BYU.
In April, the QSA held an event where more than 150 students surrounded Old Main and lit it up with rainbow-colored lights following a protest held on Y Mountain in Provo.
Lindström hopes the investigation will help BYU and other institutions start to take accountability. She also said she thinks the school’s exemption is outdated.
“With the progress made at the federal level for LGBT+ rights, it is important that it follows its promises to obtain federal funding,” she said. “By having consequences for institutions creating hostile environments or not fulfilling its obligations towards its students, other universities can showcase how they are committed towards the success of their students and create better environments for all.”
Emily Hill, a senior at USU, said she thinks it is important for students to be aware of what is happening at other institutions.
“This case will lay the groundwork for LGBTQ students across the state,” Hill said. “BYU is our major competitor, but also a lot of our peers are transferring to and from BYU’s Provo and Rexburg campuses. The outcomes of this investigation will bleed into our culture at USU eventually.”
Hill also agrees with Lindstrom and said she thinks USU can learn a lot from its neighbor to the south.
“If USU is doing better than BYU at anything, it’s being transparent with our problems,” Hill said. “USU is continuously improving their relationship with their student body and being open about areas that they can do better.”
-Jared.Adams@usu.edu