MORGONN MCMICHAEL: US Department of Education allows LGBTQ students to challenge 'discriminatory' actions under Title IX, previously reserved for young girls

The Department of Education introduced revised guidelines for Title IX, expanding its scope to now include sexual orientation and gender identity.

Under the new rules, discrimination based on gender identity and sexual orientation is considered sex discrimination, allowing LGBTQ-identifying students to challenge any “discriminatory” practices they face at school under Title IX. This expansion means that protections originally intended for young girls can now be applied to boys who identify as female.

While the White House believes that these new rules will help protect “LGBTQ rights,” critics argue that it will come at the cost of ensuring the safety of young women.

“Title IX—which was enacted to protect women and girls and provide them equal educational opportunities—has been manipulated so that gender activists and woke politicos can feel good about themselves,” said Former Senior Counsel at the U.S. Department of Education Sarah Parshall Perry. “Under the new rule, girls and women will no longer have any sex-separated bathrooms, locker rooms, housing accommodations, or other educational programs. Women’s sports are likely endangered too. Any education institution, including many private schools that receive even nominal federal funding, will be affected by this rule.”

Additionally, the administration has overturned sexual assault due process rules implemented by a past administration. Previously, individuals accused of sexual assault were entitled to live hearings with their accuser present, but this right has been removed in the new rules with the belief that the “cross-examination could retraumatize assault survivors,” according to the Washington Post. This means that a school can question an accuser without the accused being present or having the ability to ask any questions. 

The revised guidelines, effective on August 1, aim to make it “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” according to Education Secretary Miguel Cardona. 

Title IX was passed as part of the Education Amendments of 1972. Its primary aim is to prohibit discrimination on the basis of sex in educational programs or activities that receive federal financial assistance. Title IX applies to all aspects of education, including admissions, athletics, academics, and employment.

While the Department of Education was expected to include a rule preventing schools from barring transgender-identifying athletes from competing in their preferred category, this provision was notably absent from the new guidelines.

The Department of Education introduced revised guidelines for Title IX, expanding its scope to now include sexual orientation and gender identity.

Under the new rules, discrimination based on gender identity and sexual orientation is considered sex discrimination, allowing LGBTQ-identifying students to challenge any “discriminatory” practices they face at school under Title IX. This expansion means that protections originally intended for young girls can now be applied to boys who identify as female.

While the White House believes that these new rules will help protect “LGBTQ rights,” critics argue that it will come at the cost of ensuring the safety of young women.

“Title IX—which was enacted to protect women and girls and provide them equal educational opportunities—has been manipulated so that gender activists and woke politicos can feel good about themselves,” said Former Senior Counsel at the U.S. Department of Education Sarah Parshall Perry. “Under the new rule, girls and women will no longer have any sex-separated bathrooms, locker rooms, housing accommodations, or other educational programs. Women’s sports are likely endangered too. Any education institution, including many private schools that receive even nominal federal funding, will be affected by this rule.”

Additionally, the administration has overturned sexual assault due process rules implemented by a past administration. Previously, individuals accused of sexual assault were entitled to live hearings with their accuser present, but this right has been removed in the new rules with the belief that the “cross-examination could retraumatize assault survivors,” according to the Washington Post. This means that a school can question an accuser without the accused being present or having the ability to ask any questions. 

The revised guidelines, effective on August 1, aim to make it “crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” according to Education Secretary Miguel Cardona. 

Title IX was passed as part of the Education Amendments of 1972. Its primary aim is to prohibit discrimination on the basis of sex in educational programs or activities that receive federal financial assistance. Title IX applies to all aspects of education, including admissions, athletics, academics, and employment.

While the Department of Education was expected to include a rule preventing schools from barring transgender-identifying athletes from competing in their preferred category, this provision was notably absent from the new guidelines.

This piece first appeared at TPUSA.

Image from Canva.


Image: Title: young kids in school
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