The Daily Signal cites Carleton article on Title IX religious exemption
The U.S. Supreme Court recently denied a petition to review Gavin Grimm v. Gloucester County School Board, allowing lower court rulings supporting transgender students to stand. The Daily Signal outlines the ramifications of that denial, including the challenges to religious exemptions for educational institutions. The article references Bricker partner Melissa Carleton’s article Title IX religious exemption is being challenged by class action lawsuit discussing Hunter v. U.S. Department of Education, in which the Religious Exemption Accountability Project seeks to invalidate Title IX’s religious exemption as unconstitutional. The lawsuit alleges that allowing federally-funded educational institutions to claim religious exemptions is a violation of the Equal Protection Clause of the U.S. Constitution. Carleton reviews the current laws and regulations, and notes “there is no prior court decision ruling on the constitutionality of the Title IX religious exemption as it currently exists.” She advises religious institutions to watch the outcome of this case as well as new guidance from the Department of Education expected in the coming months.