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A roughly 450-word portion of the 46-page Q&A says all students are protected from “sexual discrimination” under Title IX, including “straight, gay, lesbian, bisexual and transgender students.” The guidelines also say, “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation.Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.” reached out Thursday to officials at Bob Jones and Liberty to respond to questions about their student handbooks and Title IX compliance. "Congress has granted Liberty University a religious exemption to Title IX," the university said. secretary of education, last week called the now rescinded transgender guidance a “very huge example of the Obama administration's overreach.” Conservative policy makers and some within higher education say the U. Congress should be consulted in determining what constitutes a violation of Title IX.Liberty University and its president, Jerry Falwell Jr., last year and in the past have defended the university against charges of anti-gay bias, and at times have been praised by gay Liberty alums.Even so, the Liberty and Bob Jones student handbooks appear to run afoul of guidelines on Title IX of the Education Amendments Act of 1972 and sexual violence that the U. Department of Education’s Office for Civil Rights issued in 2014, according to several former department officials, gay rights groups and experts on Title IX compliance.And that guidance was not affected by the White House action last week.Bob Jones University and Liberty University, both conservative private institutions, have codified prohibitions on transgender identities and sexual relations outside of heterosexual marriage of the Christian variety.Those funding streams face little chance of being cut over Title IX, at least according to the GOP platform unveiled at last year’s Republican National Convention.(Liberty President Falwell, an early Trump supporter, had a prominent speaking slot at the convention and says he will lead a White House task force on higher education, with a purview that remains unclear.) The Republican platform voiced support for the “original intent” of the 1972 Title IX, which prohibits discrimination based on sex.

As a result, the two universities’ prohibitions on homosexual behavior could be used to penalize or even expel students.

Gay rights groups have fought the department on exemptions.

Shane Windmeyer, executive director of Campus Pride, which advocates on behalf of gay, lesbian and transgender students, has called it "extremely problematic" for federal-aid-eligible colleges to get exemptions that allow them to punish transgender and gay students for simply being who they are.

For the schools, my guess would be that in a world of declining enrollment for privates, strict exclusion is not financially viable.

So better for everyone to keep their decrees while treating enforcement quite differently." It’s highly unlikely, observers said, that the Trump administration would crack down on Liberty or Bob Jones for an Obama-era guidance document.




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