Title IX Statutory Exemption for Religious Institutions Doesn’t Violate Constitutional Rights of Sexual Minorities
From today’s decision by Judge Ann Aiken (D. Ore.) in Hunter v. U.S. Dep‘t of Ed.; I think this is quite right, because the government has no constitutional obligation to prohibit sex discrimination (or race discrimination, religious discrimination political discrimination, or what have you) by private institutions, even ones that get government funds:
Plaintiffs challenge Defendants’ application of the religious exemption included in Title IX of the Education Amendments of 1972 … to sexual and gender minority students who attend private religious colleges and universities that receive federal funding….
Title IX prohibits educational programs or activities receiving federal funds from excluding, denying benefits to, or subjecting to discrimination any person on the basis of sex…. One narrow exception to Title IX is when an educational institution “is controlled by a religious organization” with “religious tenets” inconsistent with the application of Title IX….
Plaintiffs are forty LGBTQ people who applied to, attended, or currently attend religious colleges and universities (“religious schools”) that receive federal funding. They allege that their schools have discriminated against them by, among other things, subj
Article from Reason.com