Title IX of the Education Amendments of 1972 is a federal civil rights law which reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
All three of the higher education institutions I have taught at have complied with this law. Up until recently I had believed - mistakenly, it turns out - that any educational institution had to make a choice between adhering to Title IX and receiving federal funding, or opting out of both.
I have now learned that institutions can request religious exemptions to Title IX, receive those exemptions, and then are explicitly allowed to discriminate against their students and employees and still receive federal funding. Furthermore, the Office for Civil Rights has approved every religious exemption Title IX request filed. This includes hundreds of institutions; in late 2016 that number was at 245 and it continues to grow each year. Depending on their religious tenets, institutions can legally discriminate “on the basis of sexual orientation, gender identity, marital status, pregnancy or receipt of abortion while still receiving federal funds.”
Last March, the Religious Exemption Accountability Project (REAP) filed a class action lawsuit seeking to remedy this glaring civil rights loophole. As stated in the legal complaint, the institutional and legally sanctioned discrimination faced by these diverse populations includes “conversion therapy, expulsion, denial of housing and healthcare, sexual and physical abuse and harassment, as well as the less visible, but no less damaging, consequences of institutionalized shame, fear, anxiety and loneliness” on our taxpayer dime.
If you too find this religious exemption to Title IX to be deeply troubling, please consider donating to the REAP team (through their parent organization Soulforce, which received an 89/100 on Charity Navigator).