Federal judge blocks Biden administration move to expand Title IX protections for LGBTQ+ students

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Federal judge blocks Biden administration move to expand Title IX protections for LGBTQ+ students
Higher EducationPublic EducationTitle IX
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Judge Reed O’Connor said the Biden administration didn’t have the authority to make the changes, which would expand anti-discrimination protections.

These must-have Insider Deal household items are at unbeatable prices!A protester waves a transgender pride flag during a protest at the University of North Texas in Denton on March 23, 2022.A Texas federal judge blocked the Biden administration's efforts to extend federal anti-discrimination protections to LGBTQ+ students.

In his ruling Tuesday, Judge Reed O'Connor said the Biden administration lacked the authority to make the changes and accused it of pushing “an agenda wholly divorced from the text, structure, and contemporary context of Title IX.” Title IX is the 1972 law that prohibits discrimination based on sex in educational settings.

“To allow unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress,” wrote O’Connor, a President George W. Bush appointee. “That is not how our democratic system functions.” The Biden administration’s new guidelines, issued in April, expanded Title IX to ban discrimination based on sexual orientation and gender identity. The changes would make schools and universities responsible for investigating a wider range of discrimination complaints.

The rule changes came as several states, including Texas, have approved laws in recent years barring transgender student-athletes from participating in sports teams that correspond to their gender identity. The Biden administration hasn’t clarified whether the new guidance would apply in those cases.

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