This article first appeared in our weekly newsletter. Fallout.
Conservative attorneys general have stepped up their attacks on LGBTQ+ students in a series of lawsuits filed this week seeking to block the Biden administration's newly announced rules targeting bullying and sexual assault in schools.
New regulations from the U.S. Department of Education clarify that Title IX's prohibition against sex discrimination in schools receiving federal funding also applies to discrimination on the basis of sexual orientation and gender identity. Title IX is another federal law, and Title VII similarly prohibits sex discrimination in many workplaces, including sexual orientation and gender identity discrimination.
The new rules also address how universities handle sexual assault claims put in place by the Trump administration, including requirements advocated by men's rights groups, such as “live hearings” where students accused of sexual assault can question and confront their accusers. Mitigating changes to A “courtroom-like” environment.
As expected, conservative attorneys general like Ken Paxton of Texas filed suit to block the rule. The regulation is scheduled to take effect from August.
Lawsuits have been filed in Texas, Alabama and Louisiana asking federal courts to block the rule, arguing it exceeds the Biden administration's authority. But at their core, their argument is nothing more than trans panic. They argue that Title IX is designed to apply only to discrimination based on “biological sex.” This is an interpretation that could invalidate many, if not all, of the legal protections advocates have secured for LGBTQ+ students.
Texas Governor Greg Abbott went one step further by ordering schools in the state to completely ignore the rules while the lawsuit played out, further endangering Texas' LGBTQ+ students.
It's a terrible end to a school year in which a conservative legislative hate campaign has specifically targeted transgender children. The Biden administration has not yet responded to these lawsuits, but the timing of the lawsuits' filing suggests that protecting LGBTQ+ students in schools will be part of the election conversation, just like abortion, but neither side should really take a political stance. No debate at all.