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.