Why Christian colleges are granted exemption from anti-LGBT discrimination policies

The United States Deparment of Education released the names of the institutions that have requested for exemption to Title IX, a legislation that bans discrimination based on gender. These colleges have applied for the exemption primarily because the statute conflicts with their religious stance.

"Regarding human sexuality, the teaching of the Bible and the beliefs of the Baptist Church, both of which are followed by the college, are that God created two sexes, male and female; that marriage is between one man and one woman for a lifetime; and that extramarital sex, premarital sex, and the practice of homosexuality are sinful behaviours and therefore prohibited," said Louisiana College in its submission to the assistant secretary of the Department of Education. "Lousiana College affirms that a person cannot change his/her birth gender and so must be treated as such; rather than a self-identified gender, which would be inconsistent with the college's beliefs."

The regulation, titled "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," prohibits discrimination based on sex in admission and recruitment, in education programs or activities, and in employment in education programs and activities. However, § 106.12 provides a condition for exemption.

It states, "This part does not apply to an educational institution which is controlled by a religious organization to the extent application of this part would not be consistent with the religious tenets of such organization."

It also says that institutions that wish to claim an exemption can apply, but they have to identify "the provisions of this part which conflict with a specific tenet of the religious organization." Among the conditions, one or more of which they have to meet in order to be considered, include the following: that they are an institution that prepares students for a religious vocation; that they require their students, employees and teachers to be believers of the same religion; and that they explicitly say in an official publication that they are controlled by a religious organizaiton.

There are roughly 70 Christian educational institutions that applied since 2009, with more having sent their applications prior to that year. As of March 31, 233 were listed as currently holding religious exemption. These colleges are able to set their own rules on sexual ethics without fear of being sued for discrimination.