Tag Archives: Title IX of the Civil Rights Act

Attacking Religious Freedom In America

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On Tuesday, Townhall posted an article about the Biden administration’s misuse of Title IX to attack Christian schools.

The article reports:

Sometimes, scrolling through the news, you come across a story so ludicrous, so extreme, it seems like someone must have made it up to prove a point. Take, for example, the recent situation at Grant Park Christian Academy in Tampa, where the federal government was threatening to take away school lunches for underprivileged children unless the school allowed, among other things, male students to share lockers, showers, and bathrooms with female students. For Grant Park and other Christian schools and universities that have chosen to uphold their deeply held beliefs, reality is proving crazier than fiction.

The Biden administration has proposed changes to the language of Title IX, a civil rights law designed to prevent sex-based discrimination. The administration is trying to change the meaning of the word “sex” to include “gender identity and sexual orientation.” This seemingly small change would set off a cascade of problems, as it would compel all Americans—regardless of their deeply held beliefs about the nature of sex and gender—to assent to the current radical view that maleness and femaleness are just a matter of individual expression.

The article notes:

Because HUD announced that it would enforce its order through the Fair Housing Act, College of the Ozarks and other colleges across the country—regardless of their beliefs—will be required to house male students in female dorms and vice versa. Colleges will be required to allow students to choose which restrooms, dorms, showers, and locker rooms they want to use—or be shut down.

For College of the Ozarks, that is not an option. Providing safe, comfortable housing for all students is a part of the college’s commitment to its community. That means that no female student should be forced to share private spaces with a male student, and vice versa. But if College of the Ozarks shuts down, countless young people will lose their only chance at higher education. So the college took a stand, and is continuing to fight in court for its right to offer safe, affordable education to its students.

The article concludes:

Fortunately for Grant Park, Alliance Defending Freedom got involved. Just days after ADF filed a lawsuit on Grant Park’s behalf, the USDA issued an exemption and Commissioner Fried approved the school’s request for funding for lunches. The USDA also agreed to automatically respect Title IX exemptions for all religious schools.

So for students at Grant Park Christian Academy, lunch is back on the menu—for now. But if the Biden administration succeeds in changing the definition of sex in Title IX, this extreme gender ideology will be set in stone for all public schools, charter schools, and private secular schools. Schools and colleges that try to stand up for their right to operate according to their deeply held beliefs will be at a disadvantage, and it’s only a matter of time before this crazy reality gets even more bizarre.

The lesson here is that if you want to be free to run your school in accordance with your beliefs, don’t take money from the government. Hillsdale College is a shining example of that principle.

Discrimination Based On Race Used To Be Illegal

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On Sunday, Paul Mirengoff at Power Line Blog posted an article about a new program at Princeton University.

The article reports:

Last week, Princeton freshmen received an email regarding Morgan Stanley’s Freshman Enhancement Program. That program “is designed to help diverse rising sophomores in college gain a better understanding of the various businesses and career paths Morgan Stanley provides.”

If selected for the program, rising sophomores “will participate in a hybrid program consisting of virtual learning and an in-person component.” They will also receive what Morgan Stanley describes as “valuable training, as well as opportunities to network with each other and learn from Morgan Stanley professionals across our divisions.” And they “will have the opportunity to interview for the 2023 Sophomore Summer Analyst Programs for the specific track they are in.”

Who is included in the “diverse” group that will receive these benefits and advantages? That group includes Blacks, Hispanics, Native Americans, and/or LGBTQ+ freshman undergraduate students in the class of 2025. Everyone else is excluded. In fact, the program description lists membership in one or more of the above-mentioned groups as a “qualification” for the program.

It’s fine, in my view, that Morgan Stanley, Princeton, and other colleges involved in this program want to provide opportunities to students from a diverse set of backgrounds and, in particular, students who come from low-income families. It occurs to me, however, that anyone who’s a freshman at Princeton has a good opportunity to enter the world of investment banking and financial services.

Princeton students from any kind of family and background already have “privileged” status in the job market. It’s far from clear that any of them needs to be “enhanced.”

In any case, excluding students on the basis of their race, ethnicity, and or sexual orientation is problematic and illegal. And that’s what Morgan Stanley’s program does. It makes no pretense of using a “holistic” analysis to identify freshmen who come from low-income families or from other backgrounds (e.g. recent immigrants) that might put them at a disadvantage in seeking employment with Morgan Stanley or other firms in the same field.

In my view, Morgan Stanley, Princeton, and other participating schools are violating federal civil rights statutes through this program. They are probably violating state law, as well.

Title VII of the Civil Rights Act prohibits discrimination in employment because of race, national origin, and sex. That has been expanded to include sexual orientation and gender identity. Excluding white heterosexual males and females from the program is illegal.

There are also other Civil Rights statutes being violated.

The article notes:

Title VI states that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Its ban on discrimination extends, but is not limited to, admissions, recruitment, financial aid, and alike, but also academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, housing and employment.

The Freshman Enhancement Program seems to run afoul of Title VI by discriminating in the distribution of training and employment opportunities.

Title IX is similar to Title XI. It prohibits sex discrimination (including discrimination on the basis of sexual orientation and gender identity) in any education program or activity receiving federal financial assistance. The Freshman Enhancement Program expressly discriminates on the basis of sexual orientation and gender identity. Thus, Princeton seems to be violating Title IX.

I hope some of the students who are ineligible for this training program will hire some good lawyers and put an end to this foolishness.