Title IX Goes into Effect for Students in Fewer than Half of US States

In less than half the nation, new safeguards against sexual harassment and discrimination, including for LGBTQ students, were put into place on Thursday as the Biden administration’s Title IX overhaul faces mounting legal challenges.

Despite this, Education Secretary Miguel Cardona hailed the new regulation as a significant “milestone” in a webinar with district and college officials, emphasizing a detailed and inclusive public feedback process. He acknowledged the ongoing legal battles, with opposition primarily from Republicans.

“I emphatically and unreservedly reject any attempts to politicize Title IX or fuel further division in our nation,” Cardona stated. “These regulations are aimed at upholding America’s highest principles.”

In a recent development, federal courts halted the implementation of the regulation in five states led by GOP governors, bringing the total to 26 states still governed by the 2020 Trump-era rule. Additionally, certain schools in blue states are also restricted from enforcing the new rule due to court orders related to specific advocacy groups.

Solicitor General Elizabeth Prelogar sought approval from the U.S. Supreme Court to proceed with the majority of the rule in ten states, excluding controversial provisions concerning transgender students. Despite this request, the court has yet to address these appeals.

The revised rule, a top priority for President Joe Biden, expands protections to LGBTQ students and mandates swift investigations into reports of sexual misconduct and discrimination. However, every Republican attorney general opposing the rule has succeeded in delaying its implementation pending legal review.

Conservatives have mainly voiced concerns about sections of the rule addressing transgender students’ participation in sports, though these provisions are still pending finalization by the Education Department.

Amidst the legal uncertainties, the rollout of the new rule has been chaotic, especially in districts where its implementation varies among schools, such as those serving the children of Moms for Liberty members.

“The conflicting messages from state authorities have hindered not only the rule’s implementation but also broader efforts to ensure safe school environments,” stated Brian Dittmeier, a GLSEN public policy director advocating for LGBTQ students.

LGBTQ students are more inclined to report incidents of bullying and harassment if school policies explicitly protect them, according to Dittmeier. With the updated rule in effect, higher reporting rates among LGBTQ students are anticipated.

Catherine Lhamon, assistant education secretary for civil rights, noted that the new regulations address wider aspects of sex discrimination compared to the previous rule. The revamped rule aims to provide equal educational opportunities for women and other groups.

In a statement, Lhamon reaffirmed the legality and necessity of extending protections to LGBTQ students within the revised 2024 rule.

Compared to the previous standards, the new rule broadens the definition of a “hostile environment,” acknowledging that harassment can impact a student’s participation in educational activities beyond explicit severity benchmarks.

Critics of the rule primarily oppose sections concerning LGBTQ student protections, transgender students’ access to facilities based on gender identity, and guidelines related to hostile-environment harassment.

Some states, like California, already permit transgender students to use facilities corresponding to their gender identity. These state laws remain unaffected by the injunctions in place.

Experts emphasize that the existing injunctions do not supersede state laws but may impact specific actions, such as teacher-student interactions involving name or pronoun usage.

While the legal battles continue to unfold, LGBTQ students retain the option to file complaints or lawsuits under the older rules or alternative legal avenues, emphasizing that additional remedies are available.

Notably, a recent ruling by the U.S. Court of Appeals for the Fourth Circuit upheld a trans student’s equal rights claim under the 2020 rule, highlighting ongoing legal debates surrounding LGBTQ student protections.

States challenging the new rule are advised of potential litigation risks, as students can still pursue legal action for alleged civil rights violations, independent of the revised regulations.