Federal and State Rulings Shake Up LGBTQI+ Student Protections Under Title IX

Well, well, well. Looks like the Biden administration’s attempt to rewrite Title IX just hit a roadblock in the Sooner State. Who would’ve thought that trying to flip decades of established law on its head might face some pushback? Buckle up, folks, because this rollercoaster ride through the world of educational policy and gender identity is just getting started. Let’s dive into the facts and see what’s really going on behind the headlines.

The Biden Administration’s Title IX Rule

The Biden administration’s new Title IX rule aimed to extend protections to LGBTQI+ students by prohibiting discrimination based on gender identity and sexual orientation in educational institutions receiving federal funding. This move would have effectively categorized biological males identifying as female, and vice versa, as protected classes under Title IX.

However, this ambitious attempt to reshape Title IX has not been smooth sailing. Federal judges in multiple states have blocked the implementation of the new rule, citing concerns over its legality and potential consequences.

Biden administration loses 22 of 26 as federal judge blocks Title IX redo in Oklahomahttps://t.co/GRWWVN3bPT pic.twitter.com/0GRfGphVMY

— The Washington Times (@WashTimes) August 1, 2024

Legal Challenges and State Responses

The Department of Education faced a barrage of lawsuits following the release of the final rule. Oklahoma Attorney General Gentner Drummond supported the decision to block the rule, emphasizing the need to protect students’ privacy and safety.

“This well-reasoned ruling helps to protect both female and male students from invasions of privacy and unnecessary harm” – Gentner Drummond

Federal courts have paused the final rule in multiple states, school districts, and higher education institutions. The 6th U.S. Circuit Court of Appeals ruled that the Department of Education’s attempt to include sexual orientation and gender identity in Title IX was likely invalid.

Implications and State Laws

Several states have laws requiring separate bathrooms, locker rooms, and sports based on sex assigned at birth. These state laws have come into direct conflict with the proposed Title IX changes, leading to legal battles and uncertainty for schools and students alike.

The new Title IX regulations were inspired by the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County. However, some states have challenged the application of the Bostock decision to Title IX in education, arguing that the contexts are different and that Congress, not the executive branch, should make such sweeping changes to established law.

The Road Ahead

As the legal battles continue, the future of LGBTQI+ protections in educational settings remains uncertain. The Biden administration faces an uphill battle in implementing its vision for Title IX, while states and conservative groups maintain their opposition.

“I am thankful that the Biden Administration will not be allowed to completely rewrite Title IX with its misplaced gender policy” – Gentner Drummond

The ongoing debate highlights the complex interplay between federal policy, state laws, and societal values. As courts continue to weigh in on this contentious issue, schools, students, and families are left navigating a patchwork of rules and regulations that vary from state to state.