LGBTQ students would get new protections under proposal from Biden administration
The rights of LGBTQ students would become enshrined in federal law and victims of campus sexual assault would gain new protections under new rules proposed by the Biden administration on Thursday.
The proposal was announced on the 50th anniversary of the Title IX women’s rights law.
President Joe Biden’s education secretary, Miguel Cardona, said that even though there have been significant strides toward gender equality, discrimination and sexual violence persist.
The proposal is almost certain to be challenged by conservatives, and it is expected to lead to new legal battles over the rights of transgender students in schools, especially in sports. It now faces a public feedback period before the administration can finalize any changes, meaning the earliest that the policy is likely to take effect is next year.
For the first time, the rules would formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses the topic, but the new proposal would clarify that the law applies to discrimination based on sexual orientation and gender identity.
Schools would be required to address any allegation that creates a “hostile environment” for students, even if the misconduct arises off campus. Most college employees, including professors and coaches, would be required to notify campus officials if they learn of potential sex discrimination.
“These proposed regulations demonstrate a strong commitment to protecting educational opportunities for all students including LGBTQ students,” said Janson Wu, executive director of Gay and Lesbian Advocates and Defenders. “Especially in light of ongoing state legislative attacks, we are grateful for the administration’s strong support of LGBTQ youth.”
Republicans in Congress were quick to denounce the proposal. Rep. Virginia Foxx, of North Carolina, said the rules will “demolish due process rights and the safety of young women and girls across the country, with promised regulations still to come to undermine women’s access to athletic opportunities.”