Private Religious Schools and Disability Discrimination

Authors

Kevin Timpe

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

Recommended Citation

Timpe, Kevin (2025) "Private Religious Schools and Disability Discrimination," Touro Law Review: Vol. 40: No. 3, Article 8.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss3/8