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May 31, 2022
1,769
The U.S. Education Department has just released the 2024 Title IX Final Rule which goes in effect on August 1, 2024 and it will prohibit discrimination and harassment against LGBTQI+ students, employees, and others, this final rule also completely dismantles the previous rules created under Trump's Education Department:


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apnews.com

Biden’s new Title IX rules protect LGBTQ+ students, but transgender sports rule still on hold

Victims of campus sexual assault will gain new safeguards as well under new rules from Joe Biden's administration.

The rights of LGBTQ+ students will be protected by federal law and victims of campus sexual assault will gain new safeguards under rules finalized Friday by the Biden administration.

The new provisions are part of a revised Title IX regulation issued by the Education Department, fulfilling a campaign pledge by President Joe Biden. He had promised to dismantle rules created by former Education Secretary Betsy DeVos, who added new protections for students accused of sexual misconduct.

Notably absent from Biden's policy, however, is any mention of transgender athletes.

The administration originally planned to include a new policy forbidding schools from enacting outright bans on transgender athletes, but that provision was put on hold. The delay is widely seen as a political maneuver during an election year in which Republicans have rallied around bans on transgender athletes in girls' sports.

Instead, Biden is officially undoing sexual assault rules put in place by his predecessor and current election-year opponent, former President Donald Trump. The final policy drew praise from victims' advocates, while Republicans said it erodes the rights of accused students.

The new rule makes "crystal clear that everyone can access schools that are safe, welcoming and that respect their rights," Education Secretary Miguel Cardona said.

"No one should face bullying or discrimination just because of who they are, who they love," Cardona told reporters. "Sadly, this happens all too often."

Biden's regulation is meant to clarify schools' obligations under Title IX, the 1972 women's rights law that outlaws discrimination based on sex in education. It applies to colleges and elementary and high schools that receive federal money. The update is to take effect in August.
 
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Joshua

Member
Oct 27, 2017
3,754
It's a good start.

It sucks they dropped the protections for transgender athletes. Republicans would have clubbed Dems over the head if they were included, but it still sucks.
 

Mango Pilot

Member
Apr 8, 2024
382
Bostock was a surprising good ruling and worth a read even if it Gorsuch.

You can't discriminate against LGBTQ people without taking into their inherent sex. You wouldn't discriminate against straight woman for liking a man but if that woman is a man the only thing that's changed is the sex of the person its pure discrimination on the basis of sex. Same logic applies to trans americans, intersex americans, etc.

I'd expect the court to limit it soon enough when given the chance. They're not gonna like how liberal judges are going to use it against their religious and fascist breathern.
 

Volimar

volunteer forum janitor
Member
Oct 25, 2017
38,743
That's really great. I wish they could get their heads on straight about protecting trans athletes though.
 
U.S. Education Department states that their "rulemaking process is still ongoing for a Title IX regulation related to athletics" New
OP
OP
May 31, 2022
1,769
Per the U.S. Education Department's press release announcing the final 2024 Title IX regulations, it states this regarding Title IX regulations regarding athletics:

The Department's rulemaking process is still ongoing for a Title IX regulation related to athletics. The Department proposed amendments to its athletics regulations in April 2023, and received over 150,000 public comments, which by law must be carefully considered.
 

machtia

Member
Oct 29, 2017
1,530
Bostock was a surprising good ruling and worth a read even if it Gorsuch.

You can't discriminate against LGBTQ people without taking into their inherent sex. You wouldn't discriminate against straight woman for liking a man but if that woman is a man the only thing that's changed is the sex of the person its pure discrimination on the basis of sex. Same logic applies to trans americans, intersex americans, etc.

I'd expect the court to limit it soon enough when given the chance. They're not gonna like how liberal judges are going to use it against their religious and fascist breathern.
It's such a straightforward argument that it's strange it took so long to gain traction. When I was in law school 10+ years ago, it was considered a "novel" application of existing sex discrimination law when the EEOC used it to protect trans people. They didn't apply it to the broader category of all LGBT+ people until 2015. But even back then, I remember everyone in class being like, "This is so obvious. Why is no one arguing this?"