Understand Title IX implications of latest ruling on religious exemptions

Title IX maintains that federal funding will be denied to an educational institution if it excludes, denies benefits to, or subjects to discrimination any person “on the basis of sex” (20 U.S.C. § 1681(a)), including athletics. Federal courts have interpreted this law to also prohibit discrimination against gay or transgender students (Grabowski v. Ariz. Bd. of Regents, 69 F.4th 1110, 1116, 9th Cir. 2023). Title IX does, however, carve out an exception that allows for a federally funded college or university to engage in discrimination if that college or university “is controlled by a religious organization if the application of Title IX would not be consistent with the religious tenets of such organization” (20 U.S.C. § 1681(a)).