Students, Student-Athletes, and the Title IX Religious Exemption

Citation

Sorensen E, De Mars S & McArdle D (2025) Students, Student-Athletes, and the Title IX Religious Exemption. Journal of Legal Aspects of Sport, 35 (2), pp. 102-165. https://doi.org/10.18060/28825

Abstract
In this paper the authors explore how the First Amendment and Title IX ostensibly protect students from sex-based discrimination but allow religiously affiliated schools to claim exemptions from it while still receiving federal aid. They further explain how the Office for Civil Rights (OCR) simultaneously “ensures equal access to education” while facilitating exemption claims, show that exemption-claiming schools are unforthcoming with important information, and highlight the consequences of female student athletes being unaware of these Title IX rights. A unique and innovative analysis of 456 OCR letters illustrates that 243 colleges claimed exemptions from student-focused Title IX elements. Over 80% claimed exemption from its protections for admission and/or marital/parental status, while over half claimed exemptions to athletics. A detailed exploration of one National Collegiate Athletic Association (NCAA) DI school’s extensive exemption claims, its Equity in Athletics Disclosure Act report, student policies, Title IX lawsuit resolutions, faith statements, and state law wholly undermines its claim that it does not discriminate. Similarly, the NCAA, National Association for Intercollegiate Athletics (NAIA), and National Christian College Athletic Association (NCCAA), while publicly committed to gender equity, have not addressed the discriminatory effects of Title IX exemptions on gender equity, competitive advantage, the student athlete experience, or Name, Image, and Likeness requirements. Against that backdrop, the authors make recommendations that include clarifying students’ rights to exemption information and outlining the effects of Title IX exemptions on gender equity in athletics. Religious organizations and the schools they control are asked to consider disclaiming their Title IX exemptions.

Keywords
Title IX, Exemptions, Gender Equity, Religiously Affiliated, First Amendment

Journal
Journal of Legal Aspects of Sport: Volume 35, Issue 2