Doj Defends Private Schools Right To Discriminate Against Lgbtq Kids
Let’s start with the facts of the case, Hunter v. U.S. Department of Education. Title IX is the federal law that bans discrimination on the basis of sex (and, the Supreme Court ruled in 2020, sexuality and gender identity) at institutions that receive federal funding. However, it includes an exception for institutions “controlled by a religious organization.” It’s this exception that the 33 plaintiffs take exception to. They’re arguing that allowing schools to discriminate in this way violates their own constitutional rights and the establishment clause of the First Amendment (“Congress shall make no law respecting an establishment of religion”)....