Biden Administration’s Title IX Regulations Go Into Effect in 24 States
The Biden administration’s new Title IX regulations, which enhance protections for L.G.B.T.Q. students, took effect on Thursday in 24 states. However, legal challenges have resulted in the rule being blocked in the remaining states. These regulations expand the scope of Title IX, the foundational law established in 1972 that prohibits discrimination based on sex in educational institutions receiving federal funding.
These updated regulations broaden the definition of discrimination to include not only sexual orientation and gender identity but also unequal treatment of pregnant students. This significant expansion means that schools must now investigate a wider array of complaints than before.
Thursday’s partial implementation marks a notable, albeit incomplete, victory for the Biden administration, which has been working to enforce more robust Title IX regulations following the Trump administration’s policies that favored protections for students accused of sexual misconduct. Secretary of Education Miguel A. Cardona emphasized the importance of these regulations, stating, “These regulations make crystal clear that everyone has the right to schools that respect their rights and offer safe, welcoming learning environments.” He further asserted, “It’s unacceptable that any student has to give up on their dreams of a college degree because they’re pregnant, and it’s unacceptable that any student face discrimination or bullying simply because of who they are.”
Despite these advancements, Republican attorneys general have initiated legal challenges against the new regulations in 10 lawsuits, which has prevented their implementation in 26 states. Last week, in an effort to clarify the confusing legal landscape, the Biden administration requested that the Supreme Court allow the provisions not under challenge to take effect while it appeals the decisions blocking the rule. As of now, the Supreme Court has not agreed to address this matter.
Catherine Lhamon, the Education Department’s assistant secretary for civil rights, described the current situation as “a very fluid legal environment” during a call with reporters on Thursday. The new rule notably avoided one of the most contentious topics in educational policy: whether transgender athletes should be allowed to compete on sex-separated sports teams. Lhamon confirmed that the Education Department is pursuing a separate regulation to address this issue, but the current rule focuses solely on discrimination, stating that it covers any form of discrimination “separate and apart from on which team an athlete plays in a school.”
Despite the clear intentions of the regulation, some Republican lawmakers have conflated its goals with misleading assertions regarding sports participation. For instance, Senator Tommy Tuberville of Alabama stated on X, “Thank God the Biden-Harris rewrite of Title IX will not go into effect in Alabama today. Men don’t belong in women’s sports. It’s dangerous, it’s unfair, and it’s WRONG.”
Given the rapidly changing legal landscape that unfolded on Thursday, the Education Department has urged students and school administrators who are now required to enforce the new rules to stay informed by checking the department’s website for updates on the status of the regulations.
