ED Says LGBTQ Discrimination Doesn’t Apply to Title IX
Prior to President Trump leaving office, the Department
of Education (ED) released a policy memo that states LGBTQ students are
not expressly included in protections under Title IX, which is the federal law
that prohibits sex discrimination at federally funded institutions. ED maintains
that under Title IX, “sex” should only be interpreted to mean “biological
sex, male and female.” Though there is no blanket protection for LGBTQ students
under Title IX, ED’s memo did note that certain forms of discrimination based
on LGBTQ identity should be considered under Title IX.
ED’s policy interpretation contradicts the Supreme Court’s ruling in Bostock
v. Clayton County, which determined that under Title VII “sex” should
be interpreted to include LGBTQ people, when they face discrimination based on
their sexual orientation or gender identity. Though the Bostock ruling
was narrow because it only applied to workplace discrimination, many legal scholars
believe that this ruling can plausibly be applied to other situations.
ED’s policy interpretation is not expected to be in effect
for long. The expectation of many advocacy groups is that the Biden administration
will repeal the policy and extend Title IX coverage to the LGBTQ community in
accordance with the Supreme Court’s Bostock ruling.
