Biden Administration Reinterprets Title IX to Expand Protections for Gay and Trans Students

Wednesday, June 16^th Biden Education Department extended the protections of Title IX to gay and transgender students. This was largely done to overturn Trump-era Education Department policy and existing proposals to bar trans women in school sporting events.

Using precedent from the last year’s landmark supreme court ruling that offered protections from discrimination for gay, lesbian, and transgender people from discrimination in the workforce, the administration found that these same protections can be applied to students in schools after legal review. While it is unlikely that the decision will bring immediate large-scale change, it does open the door for federal sanctions against schools that fail to protect LGBGTQ+ students.

With this announcement this Department of Education is taking a stand against previous policy and the proposals in more than 20 states to bar transgender girls from playing on female sports teams and events. The new guidance does not specifically address this issue or these proposals, however it does state that action will be taken if students are denied equal access to “academic or extracurricular opportunities”.

This guidance does not reinstate the Obama-era protections that were later repealed by the Trump administration, but instead clarifies the existing administrations interpretation of Title IX, and its intention to investigate any complaints of discrimination in schools.  It is officially a “notice of interpretation” and does not possess the power of law.

For further questions regarding the interpretation of federal, state, or local laws and ordinances, CIMA Law Group is a top Phoenix law firm willing and able to assist.