Appeals Court Upholds Title IX Exemptions For Religious Colleges

A three-judge panel from the 9th U.S. Circuit Court of Appeals has upheld the religious exemption for Christian colleges under Title IX, rejecting efforts to strip federal funding due to their biblical views on LGBT issues. In the case of Hunter et al. v. Department of Education et al., the court unanimously supported the exemption that allows religious institutions to adhere to their doctrines without conflicting with federal civil rights laws. The decision, penned by Circuit Judge Milan D. Smith, Jr., emphasized the longstanding tradition of accommodating religious practices as consistent with the Establishment Clause. The Council for Christian Colleges & Universities, representing nearly 200 Christian institutions, applauded the ruling. However, the Religious Exemption Accountability Project (REAP), which filed the lawsuit on behalf of over 30 LGBTQ students, vowed to continue their fight. The lawsuit, initiated in March 2021, targeted over 20 religious colleges, alleging discrimination against LGBTQ students. Lead plaintiff Elizabeth Hunter, a former student at Bob Jones University, described the environment as “scary” and “harsh” due to the school’s behavioral rules prohibiting same-sex romantic relationships. In January 2023, U.S. District Judge Ann Aiken ruled against the plaintiffs, stating that they failed to demonstrate discriminatory intent behind the religious exemption granted by Congress decades ago. The 9th Circuit’s decision reinforces the legal precedent allowing religious institutions to maintain their doctrines while receiving federal support. #Queer Up Courts
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