Four Men's Basketball Teams in March Madness Have Exemptions to Discriminate Against LGBTQ+ Individuals

Exploring Title IX and Religious Exemptions in College Sports

Title IX was established over half a century ago with the intent to ensure that everyone, regardless of their sex, has equal access to educational opportunities. This landmark legislation has been instrumental in opening doors for countless individuals, including women and LGBTQ+ people.

However, there are educational institutions, predominantly Christian schools, that hold exemptions allowing them to sidestep Title IX. These waivers permit them to engage in discriminatory practices, often justified by their religious beliefs.

Both Republican and Democratic administrations have granted these waivers. Notably, the Office for Civil Rights under presidents like Barack Obama and Joe Biden, who have both publicly supported LGBTQ+ rights, have issued these exemptions. This raises significant concerns about the balance between religious freedom and civil rights.

March Madness and Licensed Discrimination

As the NCAA progresses through its famed Men’s March Madness basketball tournament, it’s important to recognize that some participating schools are beneficiaries of these exemptions. Presently, four schools within the tournament operate under such federal waivers.

Baylor University

Baylor University, seeded 9th, has a long-standing Title IX exemption rooted in its Baptist Church affiliation. This exemption permits Baylor to adhere to principles that include discriminatory stances on homosexuality and gender equality. In 2023, following allegations of discrimination, Catherine E. Lhamon of the Biden Administration reassured Baylor of its exemption status, which enables the institution to continue its discriminatory practices. Reports indicate that the environment at Baylor, especially during the tenure of former women’s basketball coach Kim Mulkey, was not welcoming to LGBTQ+ athletes.

Brigham Young University (BYU)

BYU, a 6-seed in the tournament, is directly affiliated with the Mormon Church. It has a controversial history concerning Title IX, holding exemptions that allow discrimination based on sexual orientation and other characteristics. The experiences of LGBTQ+ athletes at BYU, like runner Emma Gee and former mascot performer Charlie Bird, highlight the challenges faced by queer students in such environments.

Liberty University

Liberty University, seeded 12th, was founded by Jerry Falwell and has been a stronghold for anti-LGBTQ+ sentiment. Despite facing scrutiny for creating an unsafe environment that violates the Clery Act, the university sought affirmation of its Title IX exemption from the Biden Administration. This confirmation allows Liberty to maintain policies and practices that are discriminatory towards LGBTQ+ individuals, raising serious ethical concerns.

St. Francis University

St. Francis University, a private Catholic institution in Pennsylvania, participated as a 16-seed in the tournament, ultimately losing to Alabama State in the First Four. Despite its participation, St. Francis holds similar exemptions that permit discrimination, questioning the ethical implications of such schools competing at a national level.

The NCAA’s role in allowing these schools to compete amidst their discriminatory policies is a point of contention. While some argue that athletic performance should be separate from institutional policies, others contend that permitting these schools to compete tacitly endorses their discriminatory practices.

As March Madness captures national attention, the participation of these exempt schools serves as a reminder of the ongoing battle for true equality in education and sports. The conversation about religious freedom versus civil rights continues, with many advocating for a reevaluation of these exemptions in the interest of inclusivity and fairness.

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