New Title IX LGBTQ Protections & More

The U.S. Department of Education has published its final regulatory updates that clarify Title IX protections for LGBTQ students, student survivors of sexual assault & pregnant & parenting students. Consistent with the reasoning of the U.S. Supreme Court’s landmark Bostock v. Clayton County decision in 2020 the Department now clarifies that harassment on the basis of sexual orientation, gender identity or sex characteristics violates Title IX’s mandate for federally funded schools to prohibit sex discrimination. The Department also clarifies that no one should be denied access to sex-separated spaces such as bathrooms, locker rooms, overnight accommodations & sex education classes that are consistent with their gender identity. Melanie Willingham-Jaggers, GLSEN Executive Director stated, “No child should feel unsafe in school & the potential of the next generation is eroded when schools do not root out identity-based harassment & discriminatory policies. Today’s actions by the Biden administration to clarify that Title IX protects LGBTQ+ youth are a significant step forward in building safe & affirming learning environments for all students, but the work is far from over. We must reject the discriminatory policies - many in violation of Title IX - that too many states have rushed to pass in an unseemly race to bully and target marginalized students. It is up to all of us to continue to rise up for LGBTQ+ youth by fighting to ensure robust enforcement of Title IX and the adoption of inclusive policies in school districts across the country. When students feel seen & supported in the classroom, schools become beacons of learning and opportunity, serving as an engine that drives youth toward success and fuels our diverse society & democracy.”

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