(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 § 1681 (a)(6), as that section was in effect on January1, 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 § 1686, as that section was in effect on January1, 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 C.F.R. § 106.37(b)(1), as that section was in effect on January1, 2019.
