Illinois Bible Colleges Ass'n v. Anderson

870 F.3d 631, 2017 WL 3711745, 2017 U.S. App. LEXIS 16545
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 29, 2017
DocketNo. 16-1754
StatusPublished
Cited by42 cases

This text of 870 F.3d 631 (Illinois Bible Colleges Ass'n v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illinois Bible Colleges Ass'n v. Anderson, 870 F.3d 631, 2017 WL 3711745, 2017 U.S. App. LEXIS 16545 (7th Cir. 2017).

Opinion

MANION, Circuit Judge.

After graduating from high school, students who go on to college hope to receive a degree to qualify for future employment. The question in this case is what does the State of Illinois require for post-secondary educational institutions to issue a degree? Three Illinois statutes regulate post-secondary educational institutions. Together, these statutes require private junior colleges, colleges, and universities which offer degrees to obtain a certificate of approval and permission to issue degrees. The Illinois Board of Higher Education enforces these statutes and before authorizing degree-granting institutions to issue degrees, it conducts a review of the operations, programs, faculty, and facilities. The plaintiffs in this case include two associations representing religious institutions of higher education, several individual bible colleges, and a student, Leigh Pietsch. They have sued the Board of Higher Education, alleging the three state statutes violate their First Amendment and Equal Protection rights, as well as the Illinois constitution and Illinois Religious Freedom Restoration Act. The defendants moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted the motion and the plaintiffs appeal.

On appeal, the plaintiffs pursue only their federal constitutional claims. They first argue the Illinois regulations violate the Establishment Clause by entangling the government with their religious operar tions. However, the plaintiffs have not sought certification of approval from the State under the applicable statutes. Therefore, there is no basis to believe that the regulations would infringe on their religious beliefs or practices or would unnecessarily entangle the government in religion. Accordingly, the plaintiffs’ Establishment Clause claim must fail. Likewise, the plaintiffs’ Free Exercise claim fails because the statutes are neutral laws of general application and apply equally to secular and religious institutions. The plaintiffs’ Equal Protection claim fares no better: While the state statutes exempt older educational institutions from the governing mandates, the law is clear that, when no improper discrimination is involved, the government may include a grandfather clause in legislation without violating the guarantee of Equal Protection. Finally, the student-plaintiff alleges a violation of his right to practice a profession of his choice. But the regulations do not impact that choice. Rather, they merely determine whether he may obtain a degree from specific post-secondary institutions. The district court, therefore, properly dismissed the plaintiffs’ complaint and we affirm.

I.

The Illinois Association of Bible Colleges, Civil Liberties for Urban Believers, Providence Baptist College, Dayspring Bible College & Seminary, United Faith Christian Institute, and student, Leigh Pietsch, (collectively “the Bible Colleges”) sued the Illinois Board of Higher Edu[635]*635cation, through its chair Lindsay K Anderson (“the Board”). The individual Bible Colleges involved in this litigation are also affiliated with faith communities and all serve as educational ministries of their churches.

The Bible Colleges alleged that the Private College Act, 110 ILCS 1005/0.01 et seq., the Academic Degree Act, 110 ILCS 1010/0.01 et. seq., and the Private Business and Vocational Schools Act of 2012, 105 ILCS 426/1 et. seq., violate the First Amendment and Equal Protection Clause of the United States Constitution, as well as the Illinois constitution and the Illinois Religious Freedom Restoration Act. Pietsch alleged the statutes also violate his First Amendment and Equal Protection Clause rights and his constitutional right to pursue the calling of his choice.

The three statutes at issue regulate different aspects of higher education. For instance, the Private College Act regulates the operation of private colleges, junior colleges, and universities that offer “degrees” and requires such institutions to obtain a “certificate of approval” from the Board. 110 ILCS 1005/2. The statute defines a “degree” as “any designation, appellation, series of letters or words, or other symbol which signifies or purports to signify that the recipient thereof has satisfactorily completed an organized academic program of study beyond the secondary school level.” 110 ILCS 1005/1. Decisions by the Board under the Private College Act are subject to judicial review. 110 ILCS 1005/12.

The Academic Degree Act also regulates post-secondary education and prohibits a “degree-granting institution” from “issuing” degrees without Board approval. The Academic Degree Act definition of “degree” mirrors the term’s use in the Private College Act. And like the Private College Act, decisions of the Board under the Academic Degree Act are subject to judicial review. 110 ILCS 1010/10.

The third statute at issue, the Private Business and Vocational Schools Act of 2012, requires vocational schools which issue “certificates” or “certificates of completion” to obtain approval from the Board. The Private Business and Vocational Schools Act exempts schools which provide entirely religious or theological education. 105 ILCS 426/30.'

Before issuing a permit of approval, the Board evaluates post-secondary schools based on a variety of factors, such as “the caliber and content of each course or program of instruction,” the number of credit hours required for undergraduate and graduate degrees, the educational credentials of faculty and applicants, and the institution’s record-keeping. 23 Ill. Adm. Code 1030.30. The Board also looks at the institution’s finances, the appropriateness of the program’s promotional materials, the sufficiency of facilities and equipment, and clear communications concerning tuition and fees charged, among other things. Obviously, this is a very comprehensive review.

The Bible Colleges offer an array of courses outside the sphere of religion and theology, in areas ranging from office skills and cooking, to Spanish, music, and botany. Nonetheless, the Bible Colleges have never sought certification from the Board and claim they are exempt from the statutes. Yet the Bible Colleges wish to offer bachelor, master, and doctorate degrees without government oversight. The plaintiff schools insist that without the ability to issue degrees, they are at a competitive disadvantage in attracting students with out-of-state bible colleges which offer degrees.

After the Board informed the colleges that they were subject to the higher-edu[636]*636cation statutes and must submit a series of applications and permits for approval, the Bible Colleges filed this suit. In their complaint, the Bible Colleges alleged the three Illinois statutes violate the Establishment, Free Exercise, and Equal Protection Clauses of the United States Constitution.

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Bluebook (online)
870 F.3d 631, 2017 WL 3711745, 2017 U.S. App. LEXIS 16545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-bible-colleges-assn-v-anderson-ca7-2017.