The Department of Justice has a good reason for defending a religious exemption to Title IX.
On Tuesday, the Department of Justice told a federal court that it intends to defend a federal law that allows private religious colleges and universities to discriminate against LGBTQ students. At first blush, the DOJ’s filing in Hunter v. Department of Education may seem surprising: President Joe Biden has, after all, promised to promote LGBTQ rights, including the rights to all students to receive an equal education. But the Biden administration’s move in Hunter should not be interpreted as a betrayal of these values. The Justice Department is not only following its general obligation to defend federal laws; it’s also trying to prevent a Christian organization from taking over the defense and mounting extreme arguments that could lead to a devastating subversion of civil rights law. Biden’s progressive supporters may be offended by the DOJ’s defense of discrimination, but the alternative is almost certainly worse.