Department of Education says Title IX protections apply to LGBTQ students


By Chandelis Duster and Devan Cole, CNN

(CNN) – The Education Department on Wednesday released guidance that Title IX prohibits discrimination based on sexual orientation and gender identity, a reversal of the Trump administration’s position that students homosexuals and transgender people are not protected by law.

The ministry cited in its decision the Supreme Court decision decision Just over a year ago, federal civil rights law protects transgender, gay and lesbian workers – a move the Biden administration used in its early months to extend anti-discrimination protections to LGBTQ Americans in a number of areas of life.

“The Supreme Court upheld the right of 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. I am proud to have led the Office for Civil Rights to enforce Title IX to protect all students from all forms of gender discrimination, ”US Secretary of Education Miguel Cardona said in a statement. “Today, the Department is making it clear that all students – including LGBTQ + students – deserve the opportunity to learn and thrive in schools free from discrimination.”

The New York Times was first to report the new direction.

The move follows a series of actions under President Joe Biden aimed at protecting LGBTQ rights and rolling back controversial measures taken under his predecessor.

Last month, building on the June 2020 Supreme Court decision in Bostock v. Clayton County, Biden administration revoked a controversial Trump-era move to end protections in healthcare for transgender patients. And in February, the Ministry of Housing and Urbanism ad protections under the Fair Housing Act will cover LGBTQ Americans, allowing the federal government to investigate complaints of housing discrimination based on sexual orientation or gender identity. This policy change was also based on the decision of the judges in Bostock.

The Trump administration in 2017 removed the protections for transgender students in public schools that allow them to use bathrooms and facilities that match their gender identity. And in January, then-President Donald Trump’s education ministry directives issued that the Supreme Court ruling did not protect transgender students.

In his speech to a joint session of Congress in April, Biden pledged his support for transgender Americans amid efforts by Republican-led legislatures to enact bans on anti-trans sports.

LGBTQ advocates applauded the Biden administration’s updated Title IX guidelines, with the National Center for Transgender Equality calling Wednesday “a great day for trans youth and the people who love them.”

“Politicians across the country have targeted transgender youth for discrimination in school. Now these same children know the Biden administration and the US Department of Education see them for who they really are and will stand up for their rights. to participate fully in the school, ”Rodrigo Heng-Lehtinen, deputy executive director of the group, said in a statement.

The Trevor Project, a suicide prevention and crisis intervention organization for LGBTQ youth, said the move is critical to the well-being of trans students.

“We know that trans-affirming schools can save lives,” said Amit Paley, CEO and executive director of the Trevor Project, in a statement. “Young people spend most of their time in school and it is crucial that all students are protected from discrimination and have the same rights.

This story has been updated with additional details.

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