A threat for nonprofits

An August ruling by a federal court in Maryland, unless overturned, will have deep ramifications for the freedom of nonprofit entities, whether religious and nonreligious.

Five female former students at Baltimore’s Concordia Preparatory School filed lawsuits against the school, alleging sexual assault and harassment by male students. The women sued under Title IX of the Education Amendments Act of 1972, a federal law barring sex discrimination in schools that receive federal funding.

Apart from the merits of the serious assault and harassment claims, Concordia attorneys argued Title IX did not apply to the private, Lutheran-affiliated school since it received no federal funds. But the U.S. District Court ruled otherwise, concluding that the school’s tax-exempt status constituted “federal financial assistance” for purposes of Title IX.

Following that logic, religious schools could eventually be required to allow students to use restrooms and locker rooms and play on athletic teams that match their gender identity, not sex. The Biden administration has proposed rules that would expand Title IX to cover sexual orientation and gender identity. A final rule could be issued anytime after the public comment period expires on Sept. 12.

“A really dangerous decision,” Brad Jacob, associate dean and professor at Regent University School of Law, said of the court’s decision. “This is an incredible expansion of the statutory authority without any indication that Congress would agree with that expansion.”

The school has appealed the ruling.

Taking “gender affirmation” to court

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Lawyers say an estimated 1,000 families will be suing England’s now shuttered Tavistock gender facility. The families claim Tavistock misdiagnosed and rushed children into damaging puberty blockers and other invasive treatments in a move that may portend similar medical malpractice actions in the United States.

Michael Clark, a veteran medical malpractice lawyer in Winston-Salem, N.C., said similar legal actions in the United States are possible but would face hurdles: “To have a cause of action, you must have a medical expert who’s prepared to testify that there was a violation of the standard of care,” he said, noting that the standard varies depending on the community. Clark said a better avenue may be to argue that vulnerable children lacked the ability to give informed consent to transgender medical interventions that are sometimes irreversible. —S.W.