Catholic schools in archdiocese have broad exemption to Title IX changes

Source: The Catholic Spirit

The Office for the Mission of Catholic Education (OMCE) in the Archdiocese of St. Paul and Minneapolis sent a summary to schools expressing concern about recent federal changes to Title IX that will prohibit schools from discriminating based on sexual orientation and gender identity but noting that a religious exemption will help.

“The Office for the Mission of Catholic Education (OMCE) has received inquiries from our schools about the Biden Administration’s very concerning changes to Title IX and has provided our Catholic school leaders with a summary that was prepared with the help of legal counsel to assist in navigating questions,” OMCE said in a statement about the changes. “Title IX contains a broad exemption for religious schools, and because of this exemption, Catholic schools can continue to teach the truth of our faith and do not have to adjust their teachings or practices based on these new regulations.

“To maintain the religious exemption protections, schools should continue their efforts to explicitly root their policies and practices in Church teaching.”

On April 19, the U.S. Department of Education released updates to Title IX that, beginning Aug. 1, would prohibit schools from discriminating based on sexual orientation, gender identity and pregnancy or related conditions.

Some states are challenging the federal changes. OSV News reports that on July 11, attorneys general of Idaho and West Virginia asked the Supreme Court to uphold their states’ laws “requiring student athletes to compete on sports teams that correspond to their biological sex rather than their gender identity.”

The Catholic News Agency reports that courts have blocked the U.S. Department of Education from enforcing the new regulation in 15 states, while attorneys general in about a dozen states have also filed lawsuits. The regulation went into effect in jurisdictions where courts have not blocked its enforcement.

Signed into law in 1972, Title IX was designed to ensure that no person experiences sex discrimination in federally funded educational organizations. The April changes redefine “sex-based discrimination” to encompass sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity. Though these changes do not address sex-separate athletic teams, the U.S. Department of Education intends to issue a separate final rule to address Title IX’s new application to sports. 

The changes, OMCE said, underscore a need for Catholic schools to provide a clear religious basis for school policies, practices and teachings. This means referencing the Catholic faith and specific Church doctrine in school handbooks, enrollment forms, athletic/extracurricular activities forms, job descriptions, offer letters and other documentation.  

Father Leonard Andrie, the pastor of St. Therese in Deephaven, said that in recent years, St. Therese has been more intentional about including language in its documentation that articulates a belief in Catholic anthropology.  

“Our parent/student handbook states that St. Therese Catholic School will relate to each student in a way that is respectful of and consistent with each student’s God-given sexuality and biological sex,” Father Andrie said. “In our handbook, we state that use of (a) student’s name and pronouns, use of facilities, and eligibility for single-sex and extracurricular activities will be based on the child’s biological sex. Our recent additions also clarify that God-given sexual expression and behavior must be exclusively oriented to love and life in marriage between one man and one woman. In short, our documentation clearly states that individuals and families who are employed by and participate in the life of, St. Therese should expect that we believe, teach, and live the teachings of Christ as taught by the Catholic faith.” 

According to Father Andrie, St. Therese will continue “to teach, celebrate, and live what it means to be human, created as male and female, and made in the image of God.” Maintaining Title IX exemptions does offer an opportunity to deeply reflect upon biblical anthropology, Father Andrie said. 

St. Therese defines biological sex as a person’s biology as male or female “based upon physical characteristics present at birth,” Father Andrie said. Additionally, the school defines “God-given sexual identity” as a person’s identity as a male or female “that is congruent with one’s biological sex at birth.” 

“The fundamental question being proposed is whether the truth of God’s revelation supersedes our modern-day experiences and the shifting sands of public opinion,” Father Andrie said. 

Father Andrie agreed with the sentiment that the federal changes are concerning, saying, “We are seeing a movement that has a quasi-religious feel to it and directly contradicts basic biblical anthropology –– of what God has revealed about the human person created as male and female, complementary and fruitful.  As the ideological movement of ‘gender fluidity’ gains strength, we will see massive confusion and ultimately much suffering as a result.” 

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