Article Summary –
A federal judge invalidated President Biden’s Title IX protections for LGBTQ+ students, ruling it exceeded constitutional authority, as former President Trump prepares to reassess these protections upon taking office. Despite prior rulings affirming LGBTQ+ protections under Title IX, this marks the first time regulations explicitly included sexual orientation and gender identity, although experts and advocates emphasize that LGBTQ+ students should still seek Title IX protections. The decision raises concerns, particularly with Trump’s stated intention to dismantle the Department of Education, potentially threatening enforcement of civil rights in education.
A federal judge has nullified President Joe Biden’s Title IX protections for LGBTQ+ students, a move that coincides with the incoming Trump administration’s known hostility to LGBTQ+ rights.
In a January 9 decision, Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky found that Biden’s administration overstepped its constitutional authority in establishing these rules.
New Title IX regulations were finalized in April 2024, expanding protections against discrimination to include sexual orientation and gender identity. These rules took effect in August but faced legal challenges in 26 states.
Reeves issued an initial injunction in June in a lawsuit from states including Indiana and Kentucky. Tennessee Attorney General Jonathan Skrmetti stated, “The ruling is another rejection of the Biden administration’s push for radical gender ideology.”
With Trump expected to assume office on January 20, experts anticipated the administration would overturn Biden’s Title IX protections as part of broader efforts to restrict LGBTQ+ rights.
Before this ruling, Title IX was long interpreted to protect LGBTQ+ students, according to Brian Dittmeier from GLSEN.
“For decades, LGBTQ students were protected under Title IX, and this was the first time the regulations explicitly included sexual orientation,” Dittmeier said.
Despite the ruling and potential future policies under Trump, Dittmeier emphasized that LGBTQ+ students should still seek protection under Title IX.
The Title IX ruling may not be the sole legal challenge for LGBTQ+ students during Trump’s presidency.
Trump has proposed eliminating the federal Department of Education, though its feasibility remains uncertain. Such a move would threaten numerous student groups.
The department is crucial for enforcing civil rights in education through its Office for Civil Rights.
Maura McInerney of the Education Law Center in Pennsylvania remarked on potential negative impacts from dismantling the Department of Education, particularly for marginalized students.
Dittmeier stressed the importance for LGBTQ+ students to continue using available protections, highlighting that incoming presidential actions won’t alter their fundamental rights.
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