DOJ Threatens To Abandon Legal Protections for Religious Schools

The Biden Department of Justice briefly instigated outrage from progressives recently when it filed a routine legal brief promising to defend Title IX’s statutory exemption for religious colleges. The DOJ filed the brief to fend off efforts by religious colleges, some of whom are represented by Alliance Defending Freedom, to intervene in a lawsuit brought by 40 past and present LGBT college students who claim the exemption violates the U.S. Constitution.

The exemption safeguards the ability of religious colleges that receive federal funds to maintain faith-based polices governing such things as student sexual conduct and sex-specific student housing. The DOJ wrote in its brief that it shared the proposed intervenors’ “ultimate objective…to defend the statutory exemption and its current application. . .

Amid this tour de force in obfuscation, the DOJ made one thing clear: the Department of Education is reviewing its Title IX regulations to ensure their consistency with the Biden administration’s “policy on guaranteeing an educational environment free from discrimination on the basis of sex.” Also, “until that process is complete,” the DOJ noted, “it would be premature to conclude that the government is an inadequate representative.” . . .

Echoing that order, Deputy Assistant Attorney General Pam Karlan of the DOJ’s Civil Rights Division—the division charged with coordinating the enforcement and application of Title IX by executive agencies—concluded that, in light of the U.S. Supreme Court’s decision in Bostock v. Clayton County, Title IX now applies to gender identity and sexual orientation, even though Congress has persistently rejected numerous attempts to amend the statute to do that very thing. (Read more from “DOJ Threatens To Abandon Legal Protections for Religious Schools” HERE)

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