Biden Admin Weeks Away from Extending Title IX to Trans Students

The Department of Education is expected to finalize new Title IX regulations in the next few weeks that would make discrimination of transgender students a violation of federal civil rights law, The Washington Post reported Wednesday.

Federal Title IX regulations prohibit discrimination in education on the basis of sex, but under the Department of Education’s (DOE) proposed regulations, these protections will extend to discrimination based on sexual orientation and gender identity, according to two people familiar with the draft who spoke to the Washington Post on the condition of anonymity. A DOE spokesperson said the administration plans to publish the updated guidelines in April.

“Discrimination on the basis of sex includes discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity,” the proposed regulations state.

In response to Florida’s “Parental Rights in Education” bill, which Florida Gov. Ron DeSantis signed into law on Monday, U.S. Secretary of Education Miguel Cardona said the state’s leaders are “prioritizing hateful bills that hurt some of the students most in need.” He said the DOE “has made clear that all schools receiving federal funding must follow federal civil rights law, including Title IX’s protections against discrimination based on sexual orientation and gender identity,” according to a March 8 press release.

If the new regulations are passed, state laws that restrict transgender athletes from competing in sports alongside peers of their chosen identity would be in violation of federal law, the Washington Post reported. At least 12 states have passed laws that ban biological men from competing in women’s sports.

Transgender participation in women’s sports has been a topic of debate in recent months amid nationwide contention over University of Pennsylvania transgender swimmer Lia Thomas’ domination of the collegiate women’s league. Most recently she crushed opponents in the 500 freestyle at the NCAA Women’s Championships.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion and discrimination — and our LGBTQ+ students have the same rights and deserve the same protections,” Cardona said in a statement on June 16, 2021.

The U.S. DOE did not respond to the Daily Caller News Foundation’s request for comment.