A new federal rule seeks to clarify that a law against sex discrimination at schools includes gender identity, too
A new rule from President Joe Biden's administration blocking blanket policies to keep transgender students from using school bathrooms that align with their gender identity could conflict with laws in Republican-controlled states. The clash over bathroom policy and other elements of a federal regulation finalized last week could set the stage for another wave of legal battles over how transgender kids should be treated in the U.S.
The 1,577-page regulation finalized last week seeks to clarify Title IX, the 1972 sex discrimination law originally passed to address women's rights and applies to schools and colleges that receive federal money. The regulations, which are to take effect in August, spell out that Title IX bars discrimination based on sexual orientation and gender identity, too. Many Republicans say this wasn't the intent of the law.
At least 11 states have adopted laws barring transgender girls and women from using girls' and women's bathrooms at public schools. The new regulation opposes those sweeping policies. It states that sex separation at schools isn't always unlawful.
At least seven states have laws or other policies calling for schools to notify parents if their children are transgender. The regulation seems to authorize those requirements, stating that “nothing in these final regulations prevents a recipient from disclosing information about a minor child to their parent who has the legal right to receive disclosures on behalf of their child.” The requirements are already law in Alabama, Arizona, Arkansas, Idaho, Indiana and North Carolina.
Lawsuits, probably. 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.” “We absolutely plan to challenge this betrayal of women in court,” Florida Attorney General Ashley Moody said in a statement Monday. Oklahoma Attorney General Gentner Drummond submitted comments critical of the rule before it was finalized.
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