Private Religious Schools and Disability Discrimination

Authors

Kevin Timpe, Calvin UniversityFollow

Document Type

Article

Publication Title

Touro Law Review

Abstract

In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases where that discrimination is contrary to the official theology, teaching, or policy of the religious organization in question.

First Page

787

Last Page

813

Publication Date

2025

Comments

This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact lross@tourolaw.edu.

Recommended Citation

Timpe, Kevin, "Private Religious Schools and Disability Discrimination" (2025). University Faculty Publications and Creative Works. 967.
https://digitalcommons.calvin.edu/calvin_facultypubs/967