Title Ix: Last News

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Biden’s New School Rules Protect LGBTQ Students

Supreme Court decision finding that the Civil Rights Act protects LGBTQ workers from workplace discrimination, and that instances of anti-LGBTQ discrimination are inherently a form of sex-based discrimination.The revised Title IX rules also restore some protections for students who make sexual assault allegations against other students, offering them alternatives to Trump-era policies that required live hearings in which students could cross-examine each other when an accusation was contested.Democrats, including some LGBTQ advocates, had long criticized the Trump-era policies, arguing they were overly deferential to students accused of sexual violence.The new rules also expand the types of harassment complaints that schools are required to investigate, asserting that schools must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education, but do not completely roll back provisions instituted under former Education Secretary Betsy DeVos intended to bolster accused students’ due process rights.“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Secretary of Education Miguel Cardona said in a call with reporters on Thursday.Regarding the explicit LGBTQ protections, Caronda added, “No one should face bullying or discrimination just because of who they are, who they love.
metroweekly.com

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Louisiana Public Schools to Reject Protections for LGBTQ Students
Just two months after President Joe Biden announced steps to increase federal protections for the LGBTQ community, it appears public schools in Louisiana will be refusing to implement policies protecting LGBTQ students that would comply with guidance from the U.S. Department of Education.As part of a larger executive order, Biden directed the Education Department to form a working group aimed at advancing pro-LGBTQ policies in schools, in the name of creating “safe and inclusive learning environments in which all students thrive.”The extent of those policies may vary, but will largely embrace the principle that LGBTQ students, especially transgender students, are protected from discrimination under Title IX of the Education Amendments of 1972, a federal law prohibiting sex-based discriminatory practices in taxpayer-funded schools.Last year, Education Secretary Miguel Cardona, citing the legal logic underlying a landmark LGBTQ rights case from 2020, clarified that anti-LGBTQ discrimination is inherently a form of sex-based discrimination.In issuing his executive order, Biden noted that over 300 proposed anti-LGBTQ laws have been introduced over the past year, many of which specifically target transgender children and their parents “by banning access to medical care and support at school.” The order, and the formation of the working group focused on pro-LGBTQ policies, were intended to provide a framework with which to implement the principles previously outlined by Cardona.But many social conservatives, including Louisiana state officials, disagree with the premise that Title IX applies to any situation besides those explicitly dealing with a person’s assigned sex at birth.
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Biden’s New School Rules Protect LGBTQ Students
Supreme Court decision finding that the Civil Rights Act protects LGBTQ workers from workplace discrimination, and that instances of anti-LGBTQ discrimination are inherently a form of sex-based discrimination.The revised Title IX rules also restore some protections for students who make sexual assault allegations against other students, offering them alternatives to Trump-era policies that required live hearings in which students could cross-examine each other when an accusation was contested.Democrats, including some LGBTQ advocates, had long criticized the Trump-era policies, arguing they were overly deferential to students accused of sexual violence.The new rules also expand the types of harassment complaints that schools are required to investigate, asserting that schools must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education, but do not completely roll back provisions instituted under former Education Secretary Betsy DeVos intended to bolster accused students’ due process rights.“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Secretary of Education Miguel Cardona said in a call with reporters on Thursday.Regarding the explicit LGBTQ protections, Caronda added, “No one should face bullying or discrimination just because of who they are, who they love.
metroweekly.com
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Supreme Court Blocks West Virginia from Enforcing Trans Sports Ban
signed into law in 2021.However, Justices Samuel Alito and Clarence Thomas dissented, saying they would have granted Morrisey’s request.A federal judge previously blocked the law from taking effect while a lawsuit challenging the constitutionality of the ban proceeds.The plaintiff in the case, 12-year-old Becky Pepper-Jackson, is a transgender girl who tried to join her middle school girls’ cross-country team, but was informed that she would be barred from the team due to the law prohibiting transgender athletes from competing in female-designated sports.Pepper-Jackson sued state officials, her local school board, the West Virginia Board of Education, and the West Virginia Secondary School Activities Commission, arguing that the law is unconstitutional and discriminatory.In July 2021, U.S. District Court Judge Joseph Goodwin, of the Southern District of West Virginia, issued an injunction blocking the law from taking effect on the grounds that Pepper-Jackson was likely to prevail in her claim that the law is discriminatory.Six months later, Goodwin rejected Pepper-Jackson’s claim that the law violates Title IX, the federal law prohibiting sex-based discrimination, finding the ban constitutional and asserting that the state had a legitimate interest in ensuring cisgender female athletes are not disadvantaged by having to compete against athletes assigned male at birth.
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