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Delmarva Christian head urges opposition to Equality Act

ACLU: Private schools can discriminate based on sex, regardless of law
March 10, 2021

In a March 3 email to parents, Delmarva Christian Head of School Matt Kwiatkowski urged them to oppose the Equality Act, which aims to prohibit discrimination based on sex, gender identity and sexual orientation.

“Since you are part of our programs, it is obvious you care about the right to educate your children with values, principles and a worldview aligned with biblical truths,” Kwiatkowski wrote.

Kwiatkowski asked families to read a letter by evangelist Franklin Graham, contact legislators to express opposition to the act, and pray that leaders “have courage in realigning this nation with the biblical principles upon which it was founded.”

On March 4, Kwiatkowski emailed parents that he received their positive feedback, including specific responses from senators. 

In response to a March 4 email from the Cape Gazette asking for the content of senators’ responses, Kwiatkowski said that the bill is in the Senate and, “People should contact Senators Coons and Carper.”

In a March 6 email, Kwiatkowski said he “reached out to the couple of people for permission to share the specific responses from Sen. Carper; however, they prefer to not publish.”

When asked if the school would deny students identified in the proposed law from attending, Kwiatkowski replied, “The Equality Act is a federal bill that would directly impact our religious liberty.” He did not reply as to how the bill would prevent him from freely practicing his religion. 

As original co-sponsors of the bill, Carper and Coons urged then-Senate Majority Leader Mitch McConnell in June 2020 to bring the Equality Act to the Senate for a vote to protect LGBTQ people against discrimination based on sexual orientation and gender identity.

“We have a responsibility to reaffirm the principle that harassment and discrimination are not tolerated in our country,” the senators wrote in a letter to McConnell. “All people, regardless of their sexual orientation and gender identity, should enjoy the same protections under law that all Americans already enjoy on the basis of religion, race, gender and more.” 

Both Coons and Carper are co-sponsoring the Equality Act again in this Congress.

The Equality Act passed in the House Feb. 25 by a 224-206 bipartisan vote and was received in the Senate March 1. It specifies that existing federal statutes prohibiting sex discrimination in employment, healthcare, housing, education, credit and jury service also prohibit sexual orientation and gender identity discrimination.

The act defines gender identity as an individual’s gender-related identity, appearance, mannerisms or other gender-related characteristics, regardless of the individual’s designated sex at birth. Sexual orientation is defined as homosexuality, heterosexuality or bisexuality.

ACLU of Delaware legal staff Dwayne Bensing said many private religious schools can continue to discriminate based on sex even if the act passes.

“There is a misconception that discrimination is illegal. It is for certain entities, but the federal hook is – if you receive federal funds, you have to agree not to discriminate,” Bensing said. 

“As a private school, they may continue to discriminate because they aren’t a recipient of those federal funds,” he added. “Private religious schools can actually get away with a lot of things we think aren’t right.”

CAMP Rehoboth Youth Coordinator Barbara L. Antlitz said the Equality Act codifies protections already put in place by the Department of Education that apply to schools that receive public funding.

"Private schools, like Delmarva Christian, are not impacted by this legislation, but their words can and will cause harm and are a disservice to the majority of Christians who support equality for LGBTQ people, including the Episcopal Church, the United Methodist Church, the United Church of Christ and the Evangelical Lutheran Church in America,” Antlitz said. 

“LGBTQ youth are in every school, including Delmarva Christian Academy,” Antlitz said. “CAMP Rehoboth YOUTH Up wants our youth to know they are seen, heard, and respected (and protected). We also are committed to offering a safe space free from stigma and judgment for our LGBTQ youth community."