Title IX Religious Exemption Survives Constitutional Challenge

Religion Clause ^ | 1/16/23 | Howard Friedman

[marshmallow]

In Hunter v. United States Department of Education, (D OR, Jan. 12, 2023), an Oregon federal district court dismissed a suit brought by students who have attended a religious college or university challenging the application of the religious exemption in Title IX in a manner that allows religious colleges and universities to discriminate against LGBTQ students. Rejecting plaintiffs' equal protection claim, the court said in part:

Plaintiffs have not alleged how the religious exemption fails intermediate scrutiny. Defendants point out that the Ninth Circuit has recognized “that free exercise of religion and conscience is undoubtedly, fundamentally important.”... Exempting religiously controlled educational institutions from Title IX—and only to the extent that a particular application of Title IX would not be consistent with a specific tenet of the controlling religious organization, see 20 U.S.C. § 1681(a)(3)—is substantially related to the government’s objective of accommodating religious exercise.

[TianaHighrider]

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[Prince of Space]

It’s hard to slosh through legal text, but does this mean that a religious school won?

[Jamestown1630]

I think it means that a religious principle has won.

[Jamestown1630]

Or rather, a legal principle regarding freedom of religion, has won.

[Mark]

OKAY then.

[Prince of Space]

Thanks!

[Bayard]

As long as the state recognizes there is a fundamental tenant of a faith which specific provisions in title IX would impact.

Is that a correct interpretation of the ruling?

[Albion Wilde]

Great news!

[Twotone]

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