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Full-Text Articles in Law
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
The Constitutionality Of The Title Ix Religious Exemption, Madelyn Jacobsen, Rebecca Batty, Editor
Brigham Young University Prelaw Review
Petitioners in Hunter v. Department of Education questioned the constitutionality of the Title IX religious exemption as the basis of their 2021 class-action lawsuit. They claimed that more than 30 religious schools maintained discriminatory policies against LGBTQ students under the exemption. The religious exemption, often painted as unconstitutional discrimination, permits religious schools' adherence to sincerely held religious beliefs—and promotes a distinctive religious education that secular schools lack. This paper examines legal precedents relevant to religious freedom, higher education, and discrimination that demand the Title IX religious exemption remains in effect.
The Doctrine Of The Same-Sex Marriage Cases: A Brief Analysis Of Animus, Samuel G. Gustafson
The Doctrine Of The Same-Sex Marriage Cases: A Brief Analysis Of Animus, Samuel G. Gustafson
Brigham Young University Prelaw Review
This paper delves into the background of two fundamental Supreme Court cases in order to clarify and explain the basics of the animus doctrine. It proposes dividing the animus test into two parts, a triggering test to determine when a review for animus is appropriate and the actual test for animus. This split clarifies when challenges of animus can be brought and when they are clearly not present. The split also serves as a check on animus to prevent its over application. Finally, this paper proposes that the animus doctrine can solve many of issues that courts continue to identify …