WHEREAS:

On February 14, 1984, the Supreme Court ruled in Grove City College v. Bell that the non-discrimination requirements of Title IX of the Education Amendments of 1972 (prohibiting sex discrimination) applied only to the "program or activity" which received direct federal funds, not to the entire institution that benefits from them; and

WHEREAS:

Title VI of the Civil Rights Amendments of 1964 (prohibiting race discrimination), Section 504 of the Rehabilitation Act of 1973 (prohibits discrimination based on disability or handicap), and the Age Discrimination Act of 1975 share the same statutory language as that contained in Title IX; and

WHEREAS:

The Administration is applying the narrowed interpretation of the law to all of these civil rights statutes; and

WHEREAS:

It was the intent of Congress that the prohibition against discrimination extend to the entire institution if it received any federal funds for any program or activity; and

WHEREAS:

Legislation to restore the law to the manner it had previously been interpreted overwhelmingly passed the House of Representatives in the 98th Congress but did not pass the Senate; and

WHEREAS:

Legislation to restore the law has not moved to the House floor in the 99th Congress because of the controversial Tauke (R-IA)-Sensenbrenner (R-WI) amendment which nullifies decade old regulations that require education institutions receiving federal aid to treat abortion in the same manner they treat pregnancy or childbirth when providing health insurance or setting leave policy; and

WHEREAS:

Religiously controlled schools that do not want to perform abortions currently do not have to do so under religious tenet exemptions; and

WHEREAS:

The Jeffords (R-VT) amendment would broaden an already existing exemption under Title IX for religious-controlled institutions so that religiously affiliated institutions could exempt themselves from parts of Title IX that violate their religious tenet; and

WHEREAS:

No institution that has applied for a religious exemption has ever been denied one; and

WHEREAS:

These amendments violate the purpose of the "Civil Rights Restoration Act" — which is simply to restore the coverage of Title IX, Title VI, Section 504, and the Age Discrimination Act; and

WHEREAS:

Until the "Civil Rights Restoration Act" is passed, there is continuous possibility of federal funds subsidizing discrimination against minorities, women, the disabled and the aged.

THEREFORE BE IT RESOLVED:

That the 27th International Convention urges the Congress to pass the "Civil Rights Restoration Act" now without substantive amendment and to oppose the Tauke-Sensenbrenner amendment and the Jeffords amendment.

SUBMITTED BY:

Robert A. Brindza
International Vice President
Columbus, Ohio