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By: Anushka Kumar
At the point at which students fear getting expelled from college simply because of their sexual orientation, it’s clear that America is still far behind in the fight against discrimination.
What caused Title IX to be implemented in the first place?
Prior to Title IX, discrimination against women across educational institutions ran rampant. For instance, the National Collegiate Athletic Association (NCAA) offered no athletic scholarships or championships for women. This, combined with a lack of adequate resource distribution, resulted in a discrepancy of 30,000 female athletes compared to 170,000 males. Given that this was during the second wave of feminism, where middle-class women expressed dissent against occupational constraints that they faced within society, this raised significant questions as to whether there were enough active steps being taken in order to combat gender inequality.
So, what is Title IX?
Enacted in 1972, Title IX stipulates the following:
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 of activity receiving Federal financial assistance.
Through this, the government hoped to end discriminatory practices and begin to work towards bridging the gender inequality gap. Specifically, in areas where males tend to dominate, such as within sports, Title IX aimed to provide women with the opportunity to try these male-dominated activities and begin to make their mark within those industries. In this regard, they have been successful. Not only has it decreased the dropout rate of girls from high school and increased the number of women who pursue higher education and complete college degrees, but it has also increased women college athletes from 30,000 to nearly 150,000.
However, the various exemptions under this law are where Title IX begins to get controversial. Because it stipulates that this law only extends to educational institutions that receive federal funding, private institutions are exempt from following this law. Additionally, there is a religious exemption that allows for federally-funded Christian colleges and universities to institute policies such as prohibiting same-sex relationships on campus. These loopholes under Title IX have come under the major public spotlight over the past few years, especially in light of recent events.
What is the current situation?
Currently, the Department of Education faces a massive lawsuit from 33 LGBTQIA+ students, who allege that they have faced discrimination at 25 federally funded Christian colleges and universities across 18 different states. They represent over 100,000 LGBTQIA+ students who have faced high levels of mistreatment and discrimination in the United States education system. Many of these students have come out saying that these educational institutions have tried to offer conversion therapy for those involved in same-sex relationships, along with many classes that discuss the “evils of a homosexual lifestyle”.
This lawsuit has been spearheaded by the Religious Exemption Accountability Project (REAP), which is known for advocating for LGBTQ students at religious colleges and universities. They argue that this type of religious exemption is unconstitutional because it violates the equal protection rights guaranteed towards these people and the establishment clause as it allows for the religious educational institutions to have a federal exemption over the law compared to non-religious educational institutions.
Ultimately, the lawsuit hopes to spark a permanent injunction that would end the religious exemptions under Title IX.
How have religious exemptions been previously upheld prior to this?
Religious exemptions don’t solely exist with Title IX implementation. However, a few of the mechanisms by which institutions have chosen to uphold their religious beliefs have resulted in those exemptions being taken away. Notably, in the case Bob Jones University v. the United States, the Supreme Court voted on an 8-1 decision to take away the institution’s tax exemption status because of a ban on interracial dating, something that the university defended as a part of its religious beliefs. Under this, SCOTUS made one key clarification: “not all burdens on religion are unconstitutional”. This means that if a religion were to take action based on their beliefs that were to create a net benefit in social change, such as prohibiting racial discrimination, they have every right to override governmental authority.
Again, this creates a sort of case-by-case scenario in when exemptions should be implemented.
However, through this lawsuit, many hope that increased attention will be drawn towards these religious educational institutions and the blatantly homophobic policies that they are able to get away with. At the end of the day, religious educational institutions do have a level of religious liberty that they have the right to enforce. But, at the point at which we are seeing individuals punished for expressing a part of their identity under this “religious guise”, it is important for the United States educational system to make some serious change.
Discussion Questions:
- What structural reforms should the Department of Education take to protect LGBTQIA+ students in the United States?
- Will the Biden Administration be successful in addressing this lawsuit?
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