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1 1 (March 22, 2024)

handle is hein.crs/goveosa0001 and id is 1 raw text is: S Con gression I ~.Research ervice Religious Discrimination at School: Application of Title VI of the Civil Rights Act of 1964 March 22, 2024 Since the beginning of armed hostilities between Israel and Hamas on October 7, 2023, Congress has focused significant attention on the reaction of students and schools, colleges, and universities to events unfolding in the region. Congressional hearings have been held and legislative proposals have been introduced addressing religion-based animus, and in particular antisemitism, at institutions of higher education. A number of media reports, complaints filed with the Department of Education (ED), and lawsuits allege that Jewish or Muslim students have faced harassment or other discrimination on campus because of their religious beliefs or identities. A primary legal question prompted by these events is whether and how federal antidiscrimination statutes protect students from discrimination on the basis of religion. A trio of statutes enacted pursuant to Congress's authority under the Spending Clause serve as the primary (though not exclusive) vehicles for students seeking redress for certain kinds of discrimination by their schools: Title VI of the Civil Rights Act of 1964 (Title VI), Title IX of the Education Amendments of 1972 (Title IX), and Section 504 of the Rehabilitation Act of 1973 (Section 504). These laws prohibit discrimination on the basis of race, color, and national origin (Title VI); sex (Title IX); and disability (Section 504) by recipients of federal financial assistance. None of these laws directly prohibit religious discrimination. Students facing religious discrimination at public schools may be able to bring constitutional claims under the First or Fourteenth Amendments, but the Constitution does not itself provide for the same breadth or depth of enforcement as Title VI, Title IX, and Section 504 do. The Constitution does not offer any direct recourse to students at private institutions. In addition, federal agencies lack the authority they possess under these other antidiscrimination laws to enforce any prohibition on religious discrimination, including, for example, the authority to issue regulations, undertake compliance reviews, and investigate and resolve complaints. For several decades, however, ED has interpreted Title VI to reach religious discrimination when it overlaps with race or national origin discrimination. As ED, Congress, and the courts respond to allegations of religious discrimination at schools, they are considering whether and how Title VI applies to such claims. This Sidebar reviews the state of the law on that question. Congressional Research Service https://crsreports.congress.gov LSB11129 CRS Legal Sidebar Prepared for Members and Committees of Congress

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