A new federal rule seeks to clarify that a law against sex discrimination at schools includes gender identity, too.
FILE - A protester outside the Kansas Statehouse holds a sign after a rally for transgender rights on the Transgender Day of Visibility, March 31, 2023, in Topeka, Kan. A new rule from President Joe Biden 's administration assuring transgender students be allowed to use the school bathrooms that align with their gender identity could conflict with laws in Republican-controlled states that seek to make sure they can't.
The regulations, which are to take effect in August, spell out that Title IX bars discrimination based on sexual orientation and gender identity, too.The new rules also provide more protections to students who make accusations of sexual misconduct.At least 11 states have adopted laws barring transgender girls and women from using girls' and women's bathrooms at public schools.It states that sex separation at schools isn't always unlawful.
The requirements are already law in Alabama, Arizona, Arkansas, Idaho, Indiana and North Carolina. The Arizona law requires schools to provide information to parents but does not specifically include details about students' gender expression or sexuality. But they also spell out that “a stray remark” does not constitute harassment and seek to protect the right of free speech.The new rules don't specifically mention whether states can ban transgender girls from girls sports competitions. The Biden administration has put on hold a policy that wouldState laws that contain such bans have been adopted in at least two dozen states in the name of preserving girls sports.
“This document gives a good sense that says you can’t have a rule that says, ‘If you’re transgender, you can’t participate,’” said Harper Seldin, an American Civil Liberties Union lawyer.After the rules were unveiled last week, Tennessee Attorney General Jonathan Skrmetti posted on X that “TN is prepared to defend Title IX & protect against unlawful regulations that redefine what sex really means.
Over the last two decades, attorneys general have frequently sued the opposing party's president over rules and executive orders.
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