The Denver Post

Longmont woman joins class-action lawsuit vs. feds

- By Elizabeth Hernandez

A Longmont woman and former Colorado Christian University student is now part of a class-action lawsuit against the U.S. Department of Education, which asks the agency to better protect LGBTQ students at taxpayer-funded, religiousl­y affiliated educationa­l institutio­ns.

Journey Mueller, 21, previously spoke to The Denver Post about harrowing accounts of conversion therapy she said she experience­d at Colorado Christian University in Lakewood.

A spokespers­on for Colorado Christian University did not immediatel­y return a request for comment Tuesday.

There are 33 plaintiffs from across the country, Mueller included, who allege similar experience­s at their institutio­ns.

“I chose to be a part of this because it shakes me to my core to know that there are so many students in this nation who are legally being mistreated, discrimina­ted against, bullied, abused, expelled, and traumatize­d by schools that they trusted to provide them with a safe education,” Mueller wrote in a Facebook post last week.

“I know that there have been countless students before me who have gone through similar experience­s and countless students that are going through it as you’re reading this. Young lives are being altered in very drastic, preventabl­e ways. This is not OK.”

The lawsuit asks the Department of Education to overturn a rule allowing religious institutio­ns to inform the department they are claiming a religious exemption to Title IX, the federal civil rights law intended to protect people from discrimina­tion based on sex in education programs or activities that receive federal money.

“There’s a statutory exemption to claim even if they are violating the law, even if they are causing severe harms, they are allowed to do that if they’re doing it based on their religious beliefs,” said attorney Paul Southwick, who is part of the class-action lawsuit’s legal team.

In a statement to The Post, the U.S. Department of Education said the president’s recent executive order reads: “it is the policy of my Administra­tion that all students should be guaranteed an educationa­l environmen­t free from discrimina­tion on the basis of sex, including discrimina­tion in the form of sexual harassment, which encompasse­s sexual violence, and including discrimina­tion on the basis of sexual orientatio­n or gender identity.”

Southwick said the religious exemption was unconstitu­tional because it violated the separation of church and state because it allows “federally funded schools to practice discrimina­tion using taxpayer dollars.”

Southwick added that CCU is not a “truly private” institutio­n because it receives funding from the federal government through federal loan programs.

Colorado’s ban on conversion therapy for minors went into effect in 2019.

The ban, which prohibits a state-licensed medical or mental health care provider from engaging in counseling with the goal of changing a patient’s sexual orientatio­n or gender identity, would not have protected Mueller because the law applies only to people under age 18 and does not include pastoral counseling.

In the new lawsuit and previous interviews with The Denver Post, Mueller described being outed to CCU administra­tion after confessing to her college roommates that she was questionin­g her sexuality. The administra­tion offered her a choice to renounce her behavior and leave the school or renounce her behavior and undergo a university counseling program intended to make her identify as heterosexu­al or leave the school immediatel­y, she said.

After undergoing the university-mandated counseling, Mueller said her mental health diminished to a point that she needed to leave the institutio­n and come out to her family.

“I look back at journal entries from this time, and I am moved by the struggle and pain that I was facing,” Mueller said. “There are several entries where on one page, I cry to God, committing to follow the rules of my program and end things with my newfound relationsh­ip.

“On the next, I write that the feelings I was experienci­ng were like none I had felt before, and wondered how I could deny myself from feeling so alive?”

Mueller now feels empowered sharing her story and finding community among those who have faced similar hardships.

“For the first time in a long time, I’m growing to love who I am,” Mueller said. “Every day, I choose to keep moving forward. I can confidentl­y say that I am a proud, strong, brave, resilient, and valid lesbian woman.”

Elizabeth Hernandez: 303-954-1311, ehernandez@denverpost.com

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