Navigating Title IX Exemptions: A Tennis Player's Journey Through College Choices

In the spring of 2019, as I was contemplating my future in college tennis, I faced a decision that many young athletes do: which university would best suit my academic and personal needs? My options included both public and private universities, each offering different opportunities and environments.

During my research, I uncovered a critical aspect of these private institutions: several had been granted exemptions from Title IX regulations, the 1972 law designed to prevent sex-based discrimination in education. These exemptions could impact LGBTQ+ students, making acceptance by these universities more complicated for someone like me.

Hoping to understand the real implications of these exemptions, I reached out to the coaches recruiting me. My goal was to gauge how strictly these rules would be enforced against LGBTQ+ students, all the while trying to protect my potential admittance by inquiring indirectly. Would my openly gay family members be welcome to visit, or would my identity as a gay student be a problem?

Most coaches dodged the specifics, but one coach at a private West Coast university was candid: "If the code applies to you, don't come, regardless of my personal opinions on the matter." Initially, this response hurt, but I later realized that the coach might have been looking out for my best interests.

Examining the Policies

Similar policies existed at multiple institutions. As of 2023, 133 private universities hold religious exemptions to Title IX yet continue to receive federal funding and tax-free donations. Among the schools I considered, names like Point Loma Nazarene University, Westmont College, and Pepperdine University featured prominently in my research.

The student handbooks of these universities explicitly prohibited same-sex relationships. For instance, Pepperdine University's website reads: "sexual relationships are designed by God to be expressed solely within a marriage between husband and wife." This policy extends beyond a ban on premarital sexual relations, explicitly prohibiting romantic relationships between same-sex individuals.

While some institutions offer resources for students experiencing same-sex attraction—such as support groups—their objectives are often ambiguous. It seems these resources might aim to assist students in managing or suppressing their desires, rather than celebrating them.

In addition to romantic restrictions, these universities’ handbooks contain cautiously worded statements to protect against litigation. Notably, in 2016, Pepperdine withdrew its Title IX exemption, but its handbook policies largely remain unchanged.

Challenging the Status Quo

Despite some churches shifting from "it's a sin to be gay" to "it's a sin to act on same-sex attraction," these institutional policies continue to restrict LGBTQ+ students' experiences. When religious institutions acknowledge that sexual orientation is inherent, it raises the question: why should homosexuals be denied the same capacity for love as heterosexuals?

Title IX exemptions sparked controversy when, in 2014, two Pepperdine women's basketball players filed a lawsuit, alleging discrimination based on their sexual orientation. Pepperdine, claiming Title IX did not cover sexual orientation discrimination, ultimately succeeded in court. However, this case was pivotal as one of the first to trial under Title IX for sexual orientation discrimination, paving the way for future legal challenges.

Ultimately, I selected UC Santa Cruz, a public university, over private ones like Pepperdine. At UCSC, I found a supportive team and an inclusive culture. Unfortunately, our 2020 season was canceled due to the global pandemic, yet the lessons learned remained invaluable.

This journey highlighted the lack of transparency surrounding private universities' rules, especially for athletes unfamiliar with religious traditions but heavily recruited. Coaches have a duty to inform their recruits about these policies, which often extend beyond sexual orientation to include premarital abstinence and gender-based social curfews.

While respecting religious freedom, I argue for a reaffirmation of the separation of church and state. If institutions claim exemptions as private entities, their scholarships should not be funded by taxpayer dollars.

As a former college athlete and current freelance writer, I remain passionate about these issues, advocating for equality and accountability in educational funding. The path forward includes not only revisiting Title IX exemptions but also ensuring transparency and fairness for all students, regardless of their sexual orientation.

Colby Grey, a writer covering sports, travel, lifestyle, politics, and finance, played tennis for UC Santa Cruz and shared his coming out story in 2019.