In its brief before this court, the Board argues that “ ‘degree’ has a longstanding, well-established, and legally recognized meaning: it is a title granted by a college, university, or professional school upon completion of a program of study requiring a minimum number of courses.” But in presenting this definition to the court, the Board ignores the statutory definition of “degree.” As the plaintiffs point out, this raises the specter of unbounded reach by providing that “degree” means: “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 and
110 ILCS 1010/2. Accordingly, we agree with the Bible Colleges that the Illinois statutory definition of “degree” (excerpt above) is so broad that it seemingly bars any denotation of successful completion of the course work at the Bible Colleges. Yet the Bible Colleges must be able to provide some formal recognition to those who have worked and studied in a way their community deems appropriate to join in their church's mission. The Bible Colleges might have a legitimate Establishment Clause claim if they sought to issue some formal acknowledgment of religious training but were barred from doing so.
See, e.g., HEB Ministries v. Texas Higher Educ. Coordinating Bd., 235 S.W.3d 627, 667 (Tex. 2007) (“To give but one example, subchapter G would not prohibit a religious institution from issuing a document certifying that ‘John Doe has completed an advanced course of study in X and is qualified to minister in Y church.’ ”). But in presenting their as-applied challenge to the State's licensing laws, the Bible Colleges seek a blanket exemption from the statutes and the right to issue whatever recognition they desire, including degrees which do have a well-established and understood meaning such as a bachelor's, master's, or doctorate degree.
See, e.g., id. at 668 (Jefferson, C.J., dissenting) (“Words like ‘bachelor's,’ ‘master's,’ and ‘doctorate’ have acquired meaning that permits them to stand on their own ... and permit, as here, an unaccredited institution's graduates to overstate their credentials.”). The Bible Colleges explain that it is more difficult to attract students without the ability to issue such degrees. They oppose seeking State approval for their programs for doctrinal reasons and at the same time want the right to describe their programs of study in any way they deem appropriate.