LGBTQ+ advocates rally outside the U.S. Supreme Court in Washington, D.C. on October 8, 2019. (Photo: Caroline Brehman/CQ-Roll Call, Inc. via Getty Images)
'Huge Day for Trans Youth' as Biden Administration Reverses Trump-Era Title IX Guidance
"All students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination," said Education Secretary Miguel Cardona.
In a move welcomed by civil rights advocates amid a wave of state-level legislative attacks on transgender people, the U.S. Department of Education on Wednesday said that Title IX bans discrimination on the basis of gender identity and sexual orientation, reversing guidance issued during the Trump administration's four-year assault on LGBTQ+ rights.
"Students cannot be discriminated against because of their sexual orientation or their gender identity."
--U.S. Education Secretary Miguel Cardona
The new guidance from the Education Department's Office for Civil Rights--which had been anticipated-changes how the agency will interpret and enforce Title IX, the 1972 law prohibiting discrimination on the basis of sex in any federally funded education program or activity.
"The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination--and our LGBTQ+ students have the same rights and deserve the same protections," U.S. Education Secretary Miguel Cardona said in a statement announcing the shift.
Cardona was referring to Bostock v. Clayton County, the landmark June 2020 high court ruling declaring workplace discrimination against LGBTQ+ people unconstitutional.
"I'm proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination," Cardona added. "Today, the department makes clear that all students--including LGBTQ+ students--deserve the opportunity to learn and thrive in schools that are free from discrimination."
On Tuesday, Cardona told the New York Times that "we just want to double down on our expectations--students cannot be discriminated against because of their sexual orientation or their gender identity."
The Education Department's move is a complete reversal from the Trump administration, which asserted that gender identity was not protected under Title IX.
"This is a day that transgender kids and their families have been waiting for."
--Rodrigo Heng-Lehtinen, NCTE
The new guidance follows a series of policies and actions by the Biden administration to reverse Trump-era rollbacks and expand sexual minorities' rights, starting with a Day One executive order aimed at combating and preventing anti-LGBTQ+ discrimination.
This was followed by a February announcement by the U.S. Department of Housing and Urban Development that it would enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity; a March memo (pdf) from the Justice Department's Civil Rights Division asserting that Title IX applies to anti-LGBTQ+ discrimination; and the May reversal of the Trump administration's elimination of nondiscrimination protections for transgender and nonbinary people in federally funded healthcare services.
LGBTQ+ rights advocates cheered Wednesday's guidance.
"This is a day that transgender kids and their families have been waiting for," Rodrigo Heng-Lehtinen, deputy executive director for the National Center for Transgender Equality (NCTE), said in a statement.
"Across the country, politicians have targeted transgender youth for discrimination at school. Now those same kids know that the Biden administration and the U.S. Department of Education see them for who they really are and will defend their right to fully participate in school," Heng-Lehtinen added. "This is a huge day for trans youth and the people who love them."
We are at a crossroads
This country and this world are at a monumental crossroads. US voters have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
In a move welcomed by civil rights advocates amid a wave of state-level legislative attacks on transgender people, the U.S. Department of Education on Wednesday said that Title IX bans discrimination on the basis of gender identity and sexual orientation, reversing guidance issued during the Trump administration's four-year assault on LGBTQ+ rights.
"Students cannot be discriminated against because of their sexual orientation or their gender identity."
--U.S. Education Secretary Miguel Cardona
The new guidance from the Education Department's Office for Civil Rights--which had been anticipated-changes how the agency will interpret and enforce Title IX, the 1972 law prohibiting discrimination on the basis of sex in any federally funded education program or activity.
"The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination--and our LGBTQ+ students have the same rights and deserve the same protections," U.S. Education Secretary Miguel Cardona said in a statement announcing the shift.
Cardona was referring to Bostock v. Clayton County, the landmark June 2020 high court ruling declaring workplace discrimination against LGBTQ+ people unconstitutional.
"I'm proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination," Cardona added. "Today, the department makes clear that all students--including LGBTQ+ students--deserve the opportunity to learn and thrive in schools that are free from discrimination."
On Tuesday, Cardona told the New York Times that "we just want to double down on our expectations--students cannot be discriminated against because of their sexual orientation or their gender identity."
The Education Department's move is a complete reversal from the Trump administration, which asserted that gender identity was not protected under Title IX.
"This is a day that transgender kids and their families have been waiting for."
--Rodrigo Heng-Lehtinen, NCTE
The new guidance follows a series of policies and actions by the Biden administration to reverse Trump-era rollbacks and expand sexual minorities' rights, starting with a Day One executive order aimed at combating and preventing anti-LGBTQ+ discrimination.
This was followed by a February announcement by the U.S. Department of Housing and Urban Development that it would enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity; a March memo (pdf) from the Justice Department's Civil Rights Division asserting that Title IX applies to anti-LGBTQ+ discrimination; and the May reversal of the Trump administration's elimination of nondiscrimination protections for transgender and nonbinary people in federally funded healthcare services.
LGBTQ+ rights advocates cheered Wednesday's guidance.
"This is a day that transgender kids and their families have been waiting for," Rodrigo Heng-Lehtinen, deputy executive director for the National Center for Transgender Equality (NCTE), said in a statement.
"Across the country, politicians have targeted transgender youth for discrimination at school. Now those same kids know that the Biden administration and the U.S. Department of Education see them for who they really are and will defend their right to fully participate in school," Heng-Lehtinen added. "This is a huge day for trans youth and the people who love them."
In a move welcomed by civil rights advocates amid a wave of state-level legislative attacks on transgender people, the U.S. Department of Education on Wednesday said that Title IX bans discrimination on the basis of gender identity and sexual orientation, reversing guidance issued during the Trump administration's four-year assault on LGBTQ+ rights.
"Students cannot be discriminated against because of their sexual orientation or their gender identity."
--U.S. Education Secretary Miguel Cardona
The new guidance from the Education Department's Office for Civil Rights--which had been anticipated-changes how the agency will interpret and enforce Title IX, the 1972 law prohibiting discrimination on the basis of sex in any federally funded education program or activity.
"The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination--and our LGBTQ+ students have the same rights and deserve the same protections," U.S. Education Secretary Miguel Cardona said in a statement announcing the shift.
Cardona was referring to Bostock v. Clayton County, the landmark June 2020 high court ruling declaring workplace discrimination against LGBTQ+ people unconstitutional.
"I'm proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination," Cardona added. "Today, the department makes clear that all students--including LGBTQ+ students--deserve the opportunity to learn and thrive in schools that are free from discrimination."
On Tuesday, Cardona told the New York Times that "we just want to double down on our expectations--students cannot be discriminated against because of their sexual orientation or their gender identity."
The Education Department's move is a complete reversal from the Trump administration, which asserted that gender identity was not protected under Title IX.
"This is a day that transgender kids and their families have been waiting for."
--Rodrigo Heng-Lehtinen, NCTE
The new guidance follows a series of policies and actions by the Biden administration to reverse Trump-era rollbacks and expand sexual minorities' rights, starting with a Day One executive order aimed at combating and preventing anti-LGBTQ+ discrimination.
This was followed by a February announcement by the U.S. Department of Housing and Urban Development that it would enforce the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity; a March memo (pdf) from the Justice Department's Civil Rights Division asserting that Title IX applies to anti-LGBTQ+ discrimination; and the May reversal of the Trump administration's elimination of nondiscrimination protections for transgender and nonbinary people in federally funded healthcare services.
LGBTQ+ rights advocates cheered Wednesday's guidance.
"This is a day that transgender kids and their families have been waiting for," Rodrigo Heng-Lehtinen, deputy executive director for the National Center for Transgender Equality (NCTE), said in a statement.
"Across the country, politicians have targeted transgender youth for discrimination at school. Now those same kids know that the Biden administration and the U.S. Department of Education see them for who they really are and will defend their right to fully participate in school," Heng-Lehtinen added. "This is a huge day for trans youth and the people who love them."