Ala. seminary freed to issue religious degrees after help from ADF
State had ordered divinity college, seminary to stop offering degrees despite agency’s lack of authority
Tuesday, Aug 17, 2010
DOTHAN, Ala. — Alliance Defense Fund attorneys have received assurance from legal counsel for the Alabama Community College System that it will no longer demand that a private divinity college and seminary cease offering all of its associate and bachelor programs in religion, ministry, theological studies, and Bible. Letters sent by ADF on behalf of Bethany Divinity College and Seminary outlined how the college is officially exempt from government intrusion and regulation of its religious programs, and that any attempt by the state to alter or revoke its degree programs would be unconstitutional and in conflict with state law.
“The government should not attempt to regulate religious programs that are specifically exempt under state law,” said ADF Senior Litigation Staff Counsel Daniel Blomberg. “The Alabama Community College System did the right thing here by finally deciding to recognize Bethany’s right to offer associate and bachelor degree levels in its religious programs. State law does not regulate programs that only offer religious degrees, which are the only degrees Bethany Divinity College and Seminary offers.”
In June, the Alabama Community College System’s Department of Postsecondary Education notified Dr. H.D. Shuemake, chancellor of the non-profit college and seminary, that the school is not authorized to offer programs of study of associate or bachelor degree levels. The letter demanded that certain religious degree offerings from its catalog and website be removed within 30 days.
ADF attorneys responded by letter later that month that such demands by the state would violate the U.S. Constitution and Alabama law, which does not regulate the names or content of strictly religious degrees. The Alabama Department of Education granted Bethany a private school certificate of exemption in 1982. Although Bethany respectfully declined to eliminate its degree offerings when it received the June letter, it did volunteer to slightly alter the names of some of its degrees.
“There have been no complaints against the school and no incidents have arisen to cause concern for its theological position, effectiveness, nor acceptability of its degrees,” the 1983 finding by the state determined. ADF attorneys stressed that Bethany’s certificate of exemption, which states that it remains in effect indefinitely, has never been revoked.
The incorporation certificate of Bethany Divinity College and Seminary plainly states that the school’s purpose is to “establish and maintain a Religious institution, to provide advanced training in Bible, Theology, Christian Education and Pastoral Ministry, as to such to prepare students for full or part time Christian Service.”
“The government should not attempt to regulate religious programs that are specifically exempt under state law,” said ADF Senior Litigation Staff Counsel Daniel Blomberg. “The Alabama Community College System did the right thing here by finally deciding to recognize Bethany’s right to offer associate and bachelor degree levels in its religious programs. State law does not regulate programs that only offer religious degrees, which are the only degrees Bethany Divinity College and Seminary offers.”
In June, the Alabama Community College System’s Department of Postsecondary Education notified Dr. H.D. Shuemake, chancellor of the non-profit college and seminary, that the school is not authorized to offer programs of study of associate or bachelor degree levels. The letter demanded that certain religious degree offerings from its catalog and website be removed within 30 days.
ADF attorneys responded by letter later that month that such demands by the state would violate the U.S. Constitution and Alabama law, which does not regulate the names or content of strictly religious degrees. The Alabama Department of Education granted Bethany a private school certificate of exemption in 1982. Although Bethany respectfully declined to eliminate its degree offerings when it received the June letter, it did volunteer to slightly alter the names of some of its degrees.
“There have been no complaints against the school and no incidents have arisen to cause concern for its theological position, effectiveness, nor acceptability of its degrees,” the 1983 finding by the state determined. ADF attorneys stressed that Bethany’s certificate of exemption, which states that it remains in effect indefinitely, has never been revoked.
The incorporation certificate of Bethany Divinity College and Seminary plainly states that the school’s purpose is to “establish and maintain a Religious institution, to provide advanced training in Bible, Theology, Christian Education and Pastoral Ministry, as to such to prepare students for full or part time Christian Service.”
- Pronunciation guide: Blomberg (Blahm-berg)
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.