State-Sanctioned Discrimination: Title IX’s Expansive Loophole for Religious Institutions
Title IX has an exception that allows widespread state-sanctioned discrimination against LGBTQ+ students in universities across the nation: the religious exemption. While Congress intended this exemption to be narrow—not “a giant loophole leading to widespread sex discrimination in education”—it has been anything but narrow, and as a result, Congress’ fears about widespread discrimination are being realized.
December 16, 2024 at 11:59 AM
8 minute read
Anne grew up in the Bible Belt. She was raised in an evangelical Christian home and community where there were few minorities, little religious diversity, and homophobia was expected, even encouraged. She never knew anyone growing up who identified as LGBTQ+ and her family, friends and church made clear that being gay was simply not an option. When Anne was looking at colleges to attend after high school, it was expected that she would go to a Christian university. So she did.
To attend that evangelical Christian university, the school required Anne to sign a code of conduct that prohibited, among other things, “homosexual activity,” “same-sex dating behaviors,” and gender nonconforming behavior. Of course, at that time, Anne didn’t give these rules a second thought ... being gay was not an option, after all. But, as is the case for many young college students, Anne soon came to terms with her sexuality, realized she was gay, and began dating a woman. But Anne hid this part of her life throughout her college years, fearing harassment by peers and professors, the possibility of losing her on-campus housing or job, and even the risk of being expelled before she could complete her degree. Anne was forced to live a double life, alienating herself from her friends, peers, and professors, which quickly deteriorated her relationships and her mental and emotional wellbeing.
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