There are mounting challenges to changes proposed by the Biden administration that have expanded protections for LGBTQ+ students under Title IX – a move which critics say will erase protections for women.
The decades-old policy was created to prohibit discrimination based on biological sex to ensure equitable access to education for women and girls.
But the White House is attempting to expand the definition to prohibit discrimination “based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
Ten states have used the current framework to protect the safety and privacy of girls by blocking gender-confused students from using bathrooms that don’t correspond to their biological gender. Some schools also choose not to acknowledge “preferred pronouns” that don’t match a person’s gender at birth.
However, both moves could be seen as Title IX violations under the new rules.
Schools would also potentially be held liable for failing to address bullying based on gender identity.
The Biden administration is delaying action when it comes to the hot-button issue of transgender athletes competing in girls’ sports.
While the new rules are set to take effect on August 1, Republican leaders and conservative groups are expected to challenge the change in court.
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