Rising trend of Christian universities applying for exemption to Title IX

The number Christian schools applying for an exemption to Title IX, a statute that prevents sex discrimination in educational programs or institutions, is apparently increasing. 

According to a Human Rights Campaign report last year, 56 religious colleges located in 26 states have requested -- and were granted -- exemptions from Title IX since 2013, with 33 pertaining to gender identity and 23 on sexual orientation. These include those affiliated with Wesleyan, Southern Baptist, Catholic, among others. Truthout says more are applying to obtain similar waivers.

Title IX states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

The exemptions, according to HRC, are granted provided the school meets certain criteria, primarily if applying what the law says "conflict with specific tenets of the religion."

Kimberlee Colby, director of the Center for Law and Religious Freedom of the Christian Legal Society, told Truthout that the government had taken a statute written more than 40 years ago and redefined the word sex to include gender identity or gender expression.

"We are concerned that both the Department of Education and Department of Justice have redefined sex for the purpose of Title IX." This, she said, "is a radical departure from what we thought Title IX intended."

"Many religiously affiliated schools are standing up and taking notice of this shift," Colby said, "and have decided that the best risk management approach is to invoke the exemption."

In December, Carson-Newman University was granted a waiver that lets them ban single mothers, unmarried pregnant women, those who have had an abortion, and members of the LGBT community from enrolling as students or working in the school. This is despite the government's continued funding for the university's athletic program.

"DOE does not have a choice in this," said Sarah Warbelow, the legal director of Human Rights Campaign, as quoted by Truthout. "The way Title IX is structured, religiously affiliated schools or programs can request an exemption based on their faith and DOE has to grant it."

The group is requesting more transparency in which schools are granted the waivers.