In a recent appellate decision, a US federal appeals court confirmed a prior 2023 ruling, safeguarding a Title IX exemption that allows religious post-secondary institutions receiving federal funding to engage in sex-based discrimination. This decision has substantial implications for religious freedom and gender-based equality in educational settings.
Judge Milan D. Smith, Jr. of the US Court of Appeals for the Ninth Circuit upheld the lower court’s dismissal, underscoring that Congress has constitutionally balanced the interests at play. The ruling affirms that statutory exemptions serving as subsidies to religious institutions do not breach the Establishment Clause of the First Amendment.
Plaintiffs raised two primary constitutional challenges. They contended that the exemption infringes upon the Establishment Clause as it enables state-subsidized discriminatory practices at religious institutions. Historically, the court found such subsidies permissible under the original understanding of the clause. Furthermore, the plaintiffs argued the exemption violated the Fifth Amendment‘s equal protection guarantees by discriminating based on sex, including sexual orientation and gender identity. However, the court concluded that the exemption has limits ensuring it is not a broad license to discriminate but applies only where a direct conflict with the institution’s religious exercise exists.
This ruling is part of ongoing litigation surrounding Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in federally funded institutions but grants exemptions for religious schools. The decision reflects the broader national legal landscape, where multiple state-level legal battles continue over the scope of Title IX protections for LGBTQ+ individuals. Currently, 26 states have challenged the expansion of Title IX protections, with ongoing litigation potentially culminating in a decisive judgement by the US Supreme Court.
For further information, please refer to the original article.