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Full-Text Articles in Religion Law
Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust
Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust
BYU Law Review
The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene
Brigham Young University Education and Law Journal
No abstract provided.