(The Center Square) – Michigan Attorney General Dana Nessel joined a coalition of 19 states and the District of Columbia by filing an amicus brief with the Ninth Circuit Court of Appeals, arguing Title IX exemptions established by the Trump Administration hurt gay and transgender students.
The brief is part of Hunter v. U.S. Department of Education.
The case began in response to Trump Administration exemptions to Title IX, Other groups, such as Christian universities, argue the legal exemption is necessary under the First Amendment.
“This Trump-era rule allows schools to discriminate against LGBTQ students based on a religious exemption they only assert once a claim has been filed against them,” Nessel said. “Students are entitled to know if their school will assert the religious exemption from Title IX’s anti-discrimination provisions before they become victims, not after.”
If colleges do not follow federal regulations, such as Title IX, they are at risk of losing funding.
Many Christian universities such as Moody Bible Institute, the plaintiff’s alma mater, are concerned the case could lead to the stripping of federal financial aid if ruled in Hunter’s favor.
“If successful, this would greatly impact students being able to choose and access the college of their choice that shares their biblical conviction such as Moody Bible Institute,” Mark Jobe, MBI president said.
The amicus brief argues the exemption makes it difficult for prospective students to know if a university claims a religious exemption, making it difficult to determine if the campus is gay friendly.
“As the brief states, students ‘should not have to wait until after they become a victim of discrimination to learn that their school considers itself exempt from Title IX’s anti-discrimination, anti-harassment, and anti-retaliation rules,’” Nessel said.
The brief was led by Oregon Attorney General Rosenblum, alongside states California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Michigan, Minnesota, New Jersey, Nevada, New York, Pennsylvania, Rhode Island, Vermont, and Washington.
