[§368D-2]  Purpose; scope; construction.  (a)  The purpose of this chapter is to provide a framework for the state law corollary to Title IX that is established by section 368D-1.

     (b)  Nothing in this chapter shall be construed to prohibit:

     (1)  The membership practices of social fraternities or sororities or voluntary youth service organizations, as set forth in title 20 United States Code section 1681(a)(6), as that section was in effect on January 1, 2019;

     (2)  Any educational institution receiving state funds from maintaining separate living facilities for different sexes, as set forth in title 20 United States Code section 1686, as that section was in effect on January 1, 2019; or

     (3)  An educational institution from administering, or assisting in administering a scholarship, fellowship, or other form of financial assistance pursuant to a domestic or foreign will, trust, bequest, or similar instrument that requires awards to be made to members of a particular sex specified therein; provided that the overall effect of sex-restricted financial assistance shall not discriminate on the basis of sex, as set forth in title 34 Code of Federal Regulations section 106.37(b)(1), as that section was in effect on January 1, 2019. [L 2022, c 242, pt of §2]