When word spread this month that George Fox University had received an exemption to Title IX, allowing it to discriminate against a transgender student by denying him the housing he requested, many advocates for transgender students were stunned. Federal regulations under Title IX of the Education Amendments of 1972 do in fact require the Education Department to exempt colleges from rules that violate their religious beliefs. During the debate, George Fox officials noted that they were objecting to a housing request only, and that they haven’t kicked the student out of the university.
But now the Education Department has confirmed that it has since awarded two more exemptions to Title IX to Christian colleges that want to discriminate against transgender students. These colleges assert (and the Education Department agreed) that they should be exempt from more of Title IX than just housing equity. These colleges have policies to punish transgender students for being transgender students, apparently up to expulsion — and they can now do so legally. The two institutions are Spring Arbor University, in Michigan, and Simpson University, in California.
Spring Arbor is affiliated with the Free Methodist Church and its traditions. It requested exemption from Title IX with regard to issues of admissions, behavioral rules, housing, access to restrooms, athletic participation and more.
The university’s student handbook says: “Spring Arbor University reserves the right to terminate or deny enrollment of those whose influence upon our community should prove to be in our judgment intractably contrary to the best interests of our students, and commitments to our university and to our Lord. Therefore, Spring Arbor University will not support persistent or conspicuous examples of cross-dressing or other expressions or actions that are deliberately discordant with birth gender, and will deal with such matters within the appropriate pastoral and conduct processes of the university.”