The Department of Education (ED)’s recent proposed changes to Title IX regulations are missing a critical element: any mention of its controversial religious exemption. Title IX is a federal civil rights law passed in 1972 that prevents sex-based discrimination, including recent expansions to include discrimination on the basis of sexuality and gender. [1] The religious exemption to Title IX, codified by Congress in the Civil Rights Restoration Act of 1988, states that religiously affiliated schools are exempt from some Title IX protections that oppose their religious beliefs, regardless of whether or not they receive federal funds.

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