Biden’s administration says LGBTQ students are protected with Title IX

WHAT YOU NEED TO KNOW:

• The US Education Department said Wednesday that LGBTQ students are protected against sex discrimination under Title IX federal law.
• Education Secretary Miguel Cardona expressed the government’s intention in ensuring that all students will be given fair treatment.
• The Biden administration flipped over former President Donald Trump’s policy on students with different sexual orientations.

Reversing the previous administration’s stance on transgender students, the Department of Education announced on Wednesday that transgender students are protected against sexual discrimination in accordance with Title IX.

The department’s Office of Civil Rights (OCR) said that the declaration was to uphold the 1972 law, and to “ensure clarity.” Title IX is a federal civil rights law passed in 1972 which restricts sexual discrimination in the federally-funded educational program.

“OCR has long recognized that Title IX protects all students, including students who are lesbian, gay, bisexual, and transgender, from harassment and other forms of sex discrimination,” the notice read. 

It continued, “But OCR at times has stated that Title IX’s prohibition on sex discrimination does not encompass discrimination based on sexual orientation and gender identity.”

Speaking with the New York Times, Education Secretary Miguel Cardona said it was part of their efforts in making reforms to fight for equal protection regardless of sexual orientation.

“This is really clarity about how we interpret it,” he said. “We need to make sure we are supporting all students in our schools.”

As President Joe Biden assumed office, he immediately released an executive order about  “guaranteeing an educational environment free from discrimination on the basis of sex, including sexual orientation and gender identity.” Within 100 days, the Education Department was mandated to provide policy charges.

Per the OCR, Title IX’s interpretation emanates from the historic Supreme Court decision in Bostock v. Clayton County last year, where the court ruled that LGBTQ workers are protected against workplace discrimination.

“As numerous courts have recognized, a school’s policy or actions that treat gay, lesbian, or transgender students differently from other students may cause harm,” the OCR wrote in their notice.

During former President Donald Trump’s tenure, the Education Department said that students belonging to the LGBTQ were excluded from Title IX. Back in 2017, the agency ruled that public school students should use bathrooms and other pertinent facilities that correspond to their biological sex. In 2020, the department ruled that the inclusion of transgender student-athletes from Connecticut was culpable of violating the 1972 federal law.

Source: Newsweek