A Trump-appointed judge ruled in favor of an anti-LGBTQ+ group, the Fellowship of Christian Athletes (FCA), maintaining a chapter in Jackson-Reed High School in Washington D.C.. Judge Dabney L. Friedrich of the U.S. District Court for the District of Columbia ruled that the high school must recognize the chapter of the FCA established there, which dictates that its leadership positions must be filled by those who oppose same-sex marriage.
Judge Friedrich was appointed under former president Donald Trump, following her holding a position on the U.S. Sentencing Commission under both George W. Bush and Barack Obama. She also held a position at Yale’s Federalist Society, a student-run conservative fellowship.
All parties have been known to appoint judges that align with their values, although some are far more monumental and less devastating to the nation than the GOP’s picks such as Seth Marnin’s appointment as the country’s first out trans male judge in New York last year.
The FCA dictates that members within their nationwide chapters, called “huddles” by the organization, can hold whatever views on queerness they wish. However, those in leadership roles must actively be anti-LGBTQ+ and oppose homosexuality, viewing it as immoral.
Jackson-Reed decided that they would validate the club’s chapter in the school, so long as the chapter cut the anti-LGBTQ+ section from their statement of faith, which led to the case being elevated to the district level.
In the ruling, Friedrich wrote that anti-discrimination laws and precedent-setting cases under that umbrella had led to the decision, including the 1993 Religious Freedom Restoration Act that enforces protection for the correlating clause of the First Amendment.
She also wrote that an instance in which the school could be allowed to require the voiding of homophobic rhetoric present in the club bylines was if it was absolutely certain that it would lead to discrimination against queer students at the school. This cannot be guaranteed, even if it’s extremely likely.
In a reported statement to LGBTQ Nation, the FCA says, “This is yet another big win protecting equal access for FCA and for all student groups. As a matter of both civil rights and common sense, student groups should be able to pick leaders who believe in their mission.” However, while Friedrich accepted that the ruling apply to Jackson-Reed, she denied the FCA’s bid that it apply to all schools in the district.
Unfortunately, hate speech is still protected under the First Amendment as free speech and exercise. However, hate crimes are not. The thin line between these two becomes blurred even further when examining the precedents set by cases in line with this one on what can be classified as hate speech or hate crimes.
