Alliance Defending Freedom (ADF) has achieved a major First Amendment victory after the U.S. Court of Appeals for the 9th Circuit upheld the constitutionality of Title IX exemptions for religious institutions. The ruling affirms that religious educational institutions are not required to comply with certain anti-discrimination mandates if doing so would conflict with their core religious beliefs.
What is Alliance Defending Freedom?
Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.
Alliance Defending Freedom Church & Ministry Alliance, a dedicated division of Alliance Defending Freedom, provides specialized legal support to religious organizations. This arm of the organization focuses on protecting the fundamental liberties of faith-based groups, ensuring they can freely practice and express their beliefs without undue hindrance or limitations.
The case, Hunter v. U.S. Department of Education, was initiated in 2021 by an activist group challenging the Title IX religious exemption. The exemption permits religious educational institutions to bypass specific anti-discrimination rules that clash with their religious doctrines. The plaintiffs sought to prevent students from accessing federal financial aid—such as tuition grants and student loans—at schools that uphold traditional religious teachings on gender and sexual morality.
In January 2023, the U.S. District Court for the District of Oregon allowed Corban University, William Jessup University, and Phoenix Seminary, represented by Alliance Defending Freedom, to intervene in a lawsuit to defend the provisions of Title IX.
In August, the Court of Appeals held that the Title IX exemption for religious institutions does not violate the Establishment Clause based on “the historical practices and understanding test set forth in Kennedy v. Bremerton School District.”
The decision supports the right of students to use federal tuition assistance at educational institutions that align with their religious beliefs.
The court emphasized that religious exemptions have a long-standing history, writing, “The examples provided by the Department demonstrate that religious exemptions have ‘withstood the critical scrutiny of time and political change.'”
The ruling also affirmed that religious exemptions in education are not only constitutional but essential to protecting the free exercise of religion. “The exemption seeks to accommodate religious educational institutions’ free exercise of religion. The free exercise of religion is ‘undoubtedly, fundamentally important,'” the court wrote.
In a statement on Alliance Defending Freedom Media, ADF Senior Counsel Chris Schandevel welcomed the decision.
“Federal law explicitly protects the freedom of religious schools to live out their deeply held convictions, and we’re pleased this legal victory protects Christian colleges’ fundamental rights,” Schandevel said. “A group of activists asked the court to strip that protection away from schools that educate the next generation and advance the common good. And the 9th Circuit correctly held that the religious-liberty exemption in Title IX, which applies to schools receiving federal financial assistance, is consistent with the Constitution,” he added.
In affirming the constitutionality of these exemptions, the 9th Circuit’s ruling has strengthened the legal foundation for future cases concerning religious freedom and federal funding in education. The decision also reinforces the broader principle of religious liberty as a fundamental right in American society.
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