An activist LGBT group seeks to prevent students from using federal student-aid money to attend colleges that adhere to traditional Christian beliefs on sexuality. The schools would have to either abandon their beliefs or lose students who need federal loans and grants.
Alliance Defending Freedom has moved to intervene in the case. ADF’s release is here.
This is litigation cut from the same cloth as the persistent attacks against Jack Phillips, the owner of Masterpiece Cakeshop — using the law not as a shield for your rights, but as a sword to damage people you disagree with.
As I have written many times, the federal government has no constitutional authority to finance higher education (or housing, or businesses, or anything else). The Founders understood that politicians would be poor stewards of the nation’s capital and wisely gave them no power to lend. Too bad that the Supreme Court, following FDR’s threat to pack it, stopped defending the idea that the Constitution imposes limits on whatever Congress and the president want to do with our money.
Abusive litigation like this is the inevitable outgrowth of laws that give the government power it was never supposed to have.