Dep. of Education to expand Title IX protections to transgender students

Revisions were originally proposed last fall and the DOED announced that the regulation would be finalized in April.

According to the abstract of the Fall 2021 proposal, Title IX would be extended to protect against discrimination on account of sexual orientation and gender identity.

The Department of Education (DOED) is expected to extend Title IX protections to transgender students, a move that would reflect the Biden administration’s stance on gender ideology.

Revisions were originally proposed last fall and the DOED announced that the regulation would be finalized in April.

However, The Washington Post reported Wednesday that no information has been released regarding the approved content.

According to the abstract of the Fall 2021 proposal, Title IX would be extended to protect against discrimination on account of sexual orientation and gender identity, thus opening the door to include transgenderism within the same protections that apply to biological sex.

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According to the Post, the new regulation will define “discrimination on the basis of sex” as including “sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity,” according to The Washington Post. 

Such revisions would align Title IX with the priorities of the Biden administration, which has taken a progressive position on transgender rights since the beginning of its term.

”The Department plans to propose to amend its regulations implementing Title IX of the Education Amendments of 1972... consistent with the priorities of the Biden-Harris Administration,” the abstract reads. 

The priorities pertain to two Executive Orders signed by President Joe Biden in his first term that prevent discrimination based on sexual orientation or gender identity.

The Biden administration’s first executive order, EO 13988, states its opposition to discrimination based on sexual orientation or gender identity. Biden signed the order on his first day in office, further signifying the issue as a top priority of his administration. 

The second executive order, EO 14021, was signed in March 2021 and furthered the previous order by specifying protection for sexual orientation and gender identity in education. It also extended to protect against sexual harassment or violence.

”It is the policy of my Administration that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity,” the order reads.

Title IX was originally adopted under the education amendments of 1972 to prevent discrimination based on sex in any organization or department that uses federal funds. Its adoption is largely credited with being monumental for the growth of opportunities in women’s sports.

In 2021, eight states banned men from competing in women’s sports divisions. Now, after the 2022 NCAA Women’s Swimming Championship, more states are passing similar legislation

The controversy regarding fairness in women’s sports gained significant ground following University of Pennsylvania swimmer Lia Thomas’ victory in the 500-yard freestyle last month. 

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His record-shattering season in the women’s division, after competing for three seasons on the men’s team, prompted activists and lawmakers to take definitive stances on the importance of protecting the integrity of women’s sports.

In light of the competition, two Republican politicians have publicly denounced Thomas’ win and instead chose to dedicate runner-up swimmer Emma Weyant as the rightful winner.

Governor Ron DeSantis issued a proclamation last week that recognized Weyant as the rightful champion. On Mar. 24, Representative Lauren Boebert (CO) introduced a resolution in the House of Representatives also recognizing Weyant as the victor. 

Campus Reform has reached out to the DOED for comment. This article will be updated accordingly.