Recent changes to Title IX now offer protections for LGBTQ+ students, but these changes are facing opposition from some state leaders. Governor Ron DeSantis announced Florida's intention not to follow the rules, arguing that the Biden Administration abused its power in an effort to “inject men into women's activities.” Similarly, Oklahoma State Superintendent Ryan Walters announced that Oklahoma would not follow the new rules because these rules “redefine sex.” The objections of both state leaders appear to stem from the expansion of rights to transgender students. Other states are challenging the new rules but have stopped short of openly refusing to comply.

While Title IX is rapidly evolving and controversial, the Lento Law Firm Team has vast experience with Title IX and will continue to stay current with the latest developments. If you have questions or concerns about Title IX or LGBTQ+ issues, call the Lento Law Firm today at 888.535.3686 or provide your details online, and we will contact you.

New Rules Make Defending Charges Harder, But Expand LGBTQ+ Rights

The new Title IX rules are a mixed bag for students' rights and include positive and negative changes. The rules roll back protections for people accused under Title IX, making defending charges much harder. However, expanding rights to LGBTQ+ students is a welcome development to many, although students may need to fight for these rights in some states.

New Rules Reflect Recent SCOTUS Case Expanding LGBTQ+ Rights

The new rules incorporate a 2020 ruling of the US Supreme Court in Bosworth v. Clayton County that employment sex discrimination includes bias based on gender identity or sexual orientation. Many people expected this ruling to be extended to other federal laws banning sex discrimination, and the new Title IX rules reflect this assumption. This means that a gay or transgender student could complain of unfair treatment or harassment at school or university through the Title IX process.

Because this expansion of rights to LGBTQ+ students is based on Supreme Court law, it may be difficult for states to challenge. Schools risk losing federal funding for noncompliance with Title IX.

New Rules Expand Harassment Protections

The states fighting the new rules are most concerned with the expansion of Title IX to include harassment protections to LGBTQ+ students. The new rules broaden the definition of harassment and require schools and universities to take action to stop it. Discrimination and harassment of LGBTQ+ students is still a severe issue in US schools and universities. A 2021 nationwide survey reported that LGBTQ+ students face pervasive discrimination and harassment, including:

• 68 percent of LGBTQ+ students reported feeling unsafe at school, leading to avoidance of bathrooms, locker rooms, and school functions.
• 31 percent of LGBTQ+ students reported being physically assaulted in the previous year because of their status.
• 58 percent of LGBTQ+ students reported other discriminatory treatment, such as being disciplined for speaking or writing on LGBTQ+ issues or wearing clothing referencing their status.

Students who face harassment now can complain under Title IX. However, if the school or university refuses to investigate and fix the issue, the student may need the help of an experienced Title IX attorney. This is particularly vital in states that are openly hostile to gay and transgender rights.

How the Lento Law Firm Can Help

If you are a student or a parent facing discrimination, harassment, or discipline based on your LGBTQ+ status, the Lento Law Firm can help. We understand Title IX laws and we can assert your rights in any state, including those who are fighting the rule changes. Every student deserves a fair and safe school environment. Call 888.535.3686 or provide your details online, and we will contact you.