Colorado Summer Camp Sues to Keep Males From Female Bathrooms

A Christian summer camp in Colorado is suing the state government to separate bathrooms and changing rooms on the basis of biological gender rather than gender identity. The lawsuit has generated considerable buzz around the nation, and it is yet another example of how divided the country has become. The outcome of this lawsuit could also have considerable implications in Colorado and other states. 

How Did The Summer Camp Lawsuit Begin?

The summer camp alleges that the state government informed them that they “must” open girls’ bathrooms and changerooms to biological males. The government reportedly told the camp that as long as these individuals identify as females, they should be allowed to join biological females in these private facilities. The lawsuit also applies to gender-separated sleeping facilities at the camp. 

The fact that the camp is Christian is no coincidence. The lawsuit attempts to use religion to achieve its goals. Although other camps might be legally required to follow laws set forth by the state government, certain exemptions may apply to religious organizations. This is because discrimination based on religion is illegal under federal law. 

Do Religious Exemptions Apply to Gendered Bathrooms?

The organization notes that Christians believe that there are only two genders. Specifically, they argue that God created male and female genders to represent His divine image. 

In response to their request for a religious exemption, the Colorado government reportedly found that there was no “undue hardship” placed on the camp. As a result, they concluded that the exemption was inappropriate. 

Constitutional Considerations

The stakes are relatively high. If the camp continues to refuse to comply, they could lose their professional license. As a result, the camp would have to shut down completely. However, the leaders of this camp are not backing down – and they are asking federal judges to review their situation. Aside from claiming 14th Amendment violations, the camp also argues that its right to free speech is being violated by the Colorado government. 

The camp’s lawyers argue that the state government has no right to tell Christian organizations what to do in this context. Specifically, the lawyers claim that these gender-based ideas are quite extreme, and that these ideas are actually losing popularity on the world stage. Many parents of girls would probably object to having a biological male in their child’s change room. On the other hand, parents of transgender children would probably have a very different viewpoint. 

Colorado as Ground Zero for the Conservative Christian Pushback against LGBTQ Rights

Judging by the viewpoints of the current administration, the chances of success are relatively high for this camp. Courts have a habit of ruling favorably for religious organizations, and several past decisions illustrate this fact quite clearly. In fact, at least two previous cases involving conservative Christian individual’s desires to skirt non-discrimination laws due to religious beliefs have come out of Colorado, and in both cases, the religious individuals won exemptions to be able to discriminate. As recently discussed on our blog entry from March, another case is currently considering whether Colorado’s ban on conversion therapy for minors is constitutional.

A positive decision for the Colorado summer camp could also have major implications for the future, and these implications could benefit religious organizations beyond Colorado’s borders. That being said, it is impossible to predict with absolute certainty how the courts will react to this specific case. 

The Goal of the Universal Life Church

Each week, the Universal Life Church’s blog focuses on documenting the most noteworthy cases involving the required separation between church and state, and other constitutional rights. Many fear that the Supreme Court’s current conservative supermajority could erode these constitutional rights, especially in the area of LGBTQ+ rights. Our blog focuses on describing matters in a way that objectively examines both sides and which can be easily understood by readers.