Rutger published: Navigating the Challenges of LGBTQ+ Discrimination in College Sports

Deciding on a University: Navigating Title IX Exemptions

In the spring of 2019, I began the daunting task of narrowing down my offers to play college tennis at various public and private universities. This journey was not just about finding the right athletic and academic fit, but also about understanding the implications of Title IX exemptions, which several private schools had been granted. Title IX, a 1972 law, prohibits discrimination based on sex in education, but some private institutions have exemptions based on religious grounds.

With these considerations in mind, I reached out to the coaches of the schools recruiting me to understand how these exemptions affected LGBTQ+ students. My line of questioning revolved around whether an openly gay family member could visit without jeopardizing my admittance. To my surprise, one coach from a private school on the West Coast responded bluntly, saying, "If the code applies to you, don’t come, regardless of my personal opinions on the matter." Initially shocked, I later appreciated his honesty, as he might have been looking out for my best interests.


Understanding University Policies on LGBTQ+ Issues

As of 2023, 133 private universities hold religious exemptions to Title IX. These institutions can receive federal and state funding for student aid and tax-free donations while maintaining policies that can discriminate against LGBTQ+ individuals. The codes of conduct at several universities I considered, such as Point Loma Nazarene University and Pepperdine University, explicitly banned same-sex relationships.

Pepperdine, my top choice, states on its website that "sexual relationships are designed by God to be expressed solely within a marriage between husband and wife." This encompasses not only premarital sexual relations but also prohibits romantic relationships between individuals of the same sex. For students experiencing same-sex attraction, resources like campus support groups are available, but their purpose often seems to be managing or suppressing these desires.


The Broader Impact of Title IX Loopholes

Many of these universities craft their handbook statements to protect themselves legally. Pepperdine’s Q&A section for LGBTQ+ students on scholarships cleverly states: "Students cannot lose their scholarships or face disciplinary action just for identifying as LGBTQ." The word "just" is key, suggesting that actionable discrimination can occur if students act on their orientation. In 2016, Pepperdine withdrew its Title IX exemption but maintained its restrictive policies.

LGBTQ+ discrimination issues have not gone unchallenged. In 2014, two athletes from the Pepperdine women’s basketball team filed a lawsuit against the university, alleging discrimination due to their relationship. Although Pepperdine argued Title IX does not cover sexual orientation, the lawsuit was significant as it was one of the first to address LGBTQ+ discrimination under Title IX, paving the way for future cases.


Making the Decision: Choosing an Inclusive Environment

Ultimately, due to these discriminatory provisions at three out of the seven schools I was considering, I chose to play tennis for UC Santa Cruz, a public university with a supportive team and coach culture. Unfortunately, our 2020 tennis season was canceled due to the pandemic, but the choice reinforced my commitment to advocating for LGBTQ+ rights in sports.

Many athletes at private Christian universities may be unaware of their school’s discriminatory policies. Handbooks often claim to "welcome people of all faith backgrounds," making these regulations surprising to athletes from outside these religious traditions. Coaches have a responsibility to inform athletes about these strict rules, which often extend beyond sexual orientation to include issues like premarital abstinence and gender-specific social curfews.


The Role of Religious Freedom and Public Funding

While I support the religious freedom protections that private universities hold and the First Amendment’s separation of church and state, I believe that these institutions should not receive taxpayer money if they claim exemptions from laws like Title IX. Scholarship funding for such universities should come from private, not public, sources.

This discussion is essential, especially as churches and religious institutions reevaluate their stances on LGBTQ+ issues. The shift from "it’s a sin to be gay" to "it’s a sin to act on same-sex attraction" marks progress, yet further change is needed. Ultimately, we must ensure that federal and state tax dollars do not support discriminatory practices.

As a freelance writer reporting on sports, travel, lifestyle, politics, and finance, I hope to continue shedding light on these critical issues. My own story, from playing college tennis at UC Santa Cruz to coming out in 2019, is just one among many in the ongoing fight for inclusion and equality in sports.

Author

Rutger

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