In April, the Biden administration finalized a long-awaited rule that enumerated sexual orientation and gender identity under Title IX, the federal law that protects all students from discrimination and unfair policies on campus. Unfortunately, opponents of equality have acted quickly to challenge these new protections in court.
Despite recent advances to protect LGBTQIA+ Americans in many areas of the law, rulings from a select number of federal judges continue to poke holes in the progress. Last week, a federal judge in Texas blocked implementation of preliminary Title IX guidance issued by the administration three years ago. The ruling was in response to a lawsuit brought by Texas Attorney General Ken Paxton.
Now, attorneys general in more than 26 states have launched legal challenges to stop implementation of the final rule – with enforcement already blocked in ten states. Back in Texas, Governor Abbott has instructed Texas schools to “ignore” the rule, a move that could jeopardize federal funding as the lawsuits continue.
These legal challenges promote the false idea that the new guidelines undermine “fairness” for students while ignoring the very real, very unfair climates that LGBTQIA+ youth face on campus. According to GLSEN’s National School Climate Survey:
- More than 2 out of 3 LGBTQIA+ students in Texas reported experiencing discrimination at their school.
- The vast majority of LGBTQIA+ students in Texas regularly heard anti-LGBTQIA+ remarks, including 76% who reported negative remarks from school staff about someone’s gender expression.
- Only 4% of LGBTQIA+ students reported that their district had a policy or official guidelines to support transgender and nonbinary students.
- Only 24% of LGBTQ+ students reported that their school administration was somewhat or very supportive of LGBTQIA+ students.
These grim statistics illustrate the long road we have ahead of us to change campus climates in Texas. The new Title IX rule is critical to turning the tide so that all LGBTQIA+ students feel safe, affirmed and included at school. LGBTQIA+ students deserve equality in the law and the same basic protections that are afforded to others. This fight is far from over.
If you, or someone you know, is in need of a supportive community for LGBTQIA+ youth, check out Resource Center’s Youth and Family Services. To stay in the loop as these battles continue, sign up for our advocacy alerts here.
