The 9th Circuit has ruled that religious colleges can continue to claim exemptions from Title IX, allowing gender-based discrimination in alignment with religious beliefs.
[dc]T[/dc]he U.S. Court of Appeals for the Ninth Circuit upheld the dismissal of a case brought by LGBTQ+ students against the U.S. Department of Education. The students argued that the religious exemption to Title IX, which allows federally funded religious institutions to discriminate based on gender, violated their rights under the First and Fifth Amendments. Title IX is a federal law that prohibits sex-based discrimination in federally funded schools, but it includes an exemption for institutions whose religious tenets conflict with the law. The court found that the exemption does not violate the Establishment Clause or equal protection rights and affirmed the district court’s decision to dismiss the case.
The case, Hunter v. U.S. Department of Education, involved 40 LGBTQ+ students who attended or applied to religious colleges. They alleged that they faced discrimination based on their gender identity or sexual orientation, ranging from rejection of admissions to rescission of enrollment. The plaintiffs challenged the Title IX exemption, asserting it sanctioned discrimination under the guise of religious freedom, thus violating constitutional protections.
The panel, led by Circuit Judge Milan D. Smith, Jr., ruled that the exemption has a historical basis and does not establish a religion or unfairly target LGBTQ+ students. The panel also held that the exemption survived intermediate scrutiny, applied to cases involving potential discrimination. According to the court, the exemption serves a legitimate purpose of protecting religious freedom. It only applies to institutions where enforcing Title IX would conflict with the religious beliefs of the controlling organization.
A Historic and Ongoing Debate
At the heart of the court’s decision is a balancing act between the rights of LGBTQ+ individuals and the free exercise of religion. The plaintiffs argued that the religious exemption to Title IX effectively legalized discrimination by allowing institutions to avoid compliance with laws designed to protect marginalized groups. They sought to invalidate the exemption, claiming it violated the Establishment Clause by privileging religious institutions at the expense of their rights.
However, the court found that religious exemptions have a long history in American law, pointing to historical practices dating back to the Founding Era. The court referenced Supreme Court decisions that have upheld similar exemptions, including tax breaks for religious institutions. In its decision, the court emphasized that such exemptions are part of a broader tradition of accommodating religious practice in ways that do not violate the Constitution.
The ruling also addressed the plaintiffs’ claim that the exemption violates equal protection guarantees. The court noted that while LGBTQ+ students may face discrimination, the exemption is narrowly tailored to protect religious institutions from government interference in their exercise of religion. The court stressed that the exemption does not grant a blanket license to discriminate but only applies when enforcing Title IX would directly conflict with religious beliefs.
Hunter v. U.S. Department of Education (Decided August 30, 2024)
Decision: https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/30/23-35174.pdf