Article Summary –
A federal judge invalidated President Biden’s Title IX protections for LGBTQ+ students, ruling that the administration exceeded its constitutional authority when instituting rules that expanded protections against sex discrimination to include sexual orientation and gender identity. The decision comes as Trump is expected to dismantle these protections upon assuming office, with Tennessee’s Attorney General anticipating a fresh examination of Title IX regulations under Trump’s presidency. Despite the setbacks, experts and advocates emphasize that LGBTQ+ students should continue to assert their rights under Title IX, while expressing concern about the potential repercussions of Trump’s broader educational policies, including his intention to eliminate the federal Department of Education, which could weaken protections for marginalized students.
A federal judge has invalidated President Joe Biden’s Title IX protections for LGBTQ+ students across the U.S. as a Trump administration known for opposing LGBTQ+ rights gears up to take office.
On Jan. 9, Judge Danny Reeves, chief judge of the U.S. District Court for the Eastern District of Kentucky, ruled in a decision that Biden’s rules exceeded constitutional authority.
The administration finalized rules in April 2024, stating Title IX covers sex stereotypes, sexual orientation, gender identity, and sex characteristics discrimination. These rules took effect in August.
Biden’s regulations had been previously blocked in 26 states after several lawsuits, including a lawsuit filed by Indiana, Kentucky, Ohio, Tennessee, Virginia, and West Virginia, leading to a June temporary injunction.
“The court’s decision is another rejection of Biden’s unconstitutional gender ideology,” Tennessee Attorney General Jonathan Skrmetti stated in a statement. “With the Biden rule vacated, Trump can reevaluate Title IX regulations once in office.”
Experts had anticipated Trump would revoke Biden’s Title IX rule after assuming office on Jan. 20, aiming to reduce LGBTQ+ rights.
Before the federal ruling, Title IX had been interpreted to cover LGBTQ+ students, said Brian Dittmeier, policy director at GLSEN, a leading LGBTQ+ education advocacy organization.
Dittmeier noted, “LGBTQ students are recognized under Title IX for decades, but it’s the first time regulations clearly stated sexual orientation and gender identity claims are included.”
Despite the ruling and the Trump administration’s likely actions, Dittmeier emphasized LGBTQ+ students should still pursue protection from discrimination under Title IX.
The Title IX ruling isn’t the only potential issue affecting LGBTQ+ students under Trump’s administration.
Trump has vowed to abolish the federal Department of Education, and although its feasibility is uncertain, the elimination could threaten various student groups.
The department’s Office for Civil Rights is crucial in enforcing federal civil rights laws in schools.
“Dismantling the Department of Education could be disastrous for marginalized students in Pennsylvania regarding anti-discrimination laws and potential education funding cuts,” Maura McInerney, legal director at the Education Law Center in Pennsylvania, told the American Independent.
Dittmeier reiterated that LGBTQ+ students should continue to use available resources despite the Title IX ruling and Trump’s administration’s possible actions.
He stressed, “An incoming president may try to intimidate LGBTQ youth, but material rights remain.”
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