Is the religious exemption carved into Title IX constitutional? The Biden administration seemed to think so. However, after receiving backlash for that stance, the administration is backtracking.
Let’s be clear, an exemption for religious schools that receive federal funding is constitutional. That’s not even a brave stance for any political party, it’s simply the right one. But on Wednesday, the Department of Justice updated its court filing in a case in which it is, to the surprise of conservatives, defending the right of religious schools to operate according to their beliefs. The DOJ now says it will continue to defend religious rights but also emphasized that the Department of Education is considering policy changes. The update came after the administration received backlash from LGBTQ allies.
At contention is the case of Hunter v. US Department of Education. The Biden administration’s DOJ said it shares the “same ultimate objective” as the Christian schools involved in the case, supporting their right to a religious exemption. In April, three Christian schools — Western Baptist University, William Jessup University, and Phoenix Seminary — intervened in a federal lawsuit that a large group of LGBTQ students attending Christian schools had filed. Those students claim Title IX’s religious exemption is unconstitutional.
A motion from the Council for Christian Colleges and Universities argued that the Biden administration “may be openly hostile” to religious interests and thus unsuitable to litigate the case. The DOJ responded with a filing pledging to “vigorously” defend the religious exemption that exists in Title IX for religious schools.
Let us hope the DOJ sticks to its word. Its first and overriding responsibility is to uphold the law. Title IX’s religious exemption is neither controversial nor unconstitutional.
Nicole Russell is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist in Washington, D.C., who previously worked in Republican politics in Minnesota. She was the 2010 recipient of the American Spectator’s Young Journalist Award.
