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Biden Administration Restricts Rules on Campus Sexual Assault and Protects LGBTQ+ Students

Published: 19 April 2024 at 09:22

Politics

The Biden administration has finalized new rules under Title IX to protect LGBTQ+ students and enhance safeguards for victims of campus sexual assault, fulfilling a campaign promise. The new regulations undo rules enacted by former Education Secretary Betsy DeVos that favored students accused of misconduct. Despite initial plans, the policy does not address transgender athletes due to a delay perceived as a political move. The updated policy aims to ensure safe and inclusive school environments for all students, respecting their rights and tackling discrimination based on sex and gender identity. The changes will be effective from August.

DEEP DIVE


Gender identity under Title IX (Wikipedia)


Title IX of the United States Education Amendments of 1972 prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The Obama administration interpreted Title IX to cover discrimination on the basis of assigned sex, gender identity, and transgender status. The Trump administration determined that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. The validity of the executive's position is being tested in the federal courts.

NAIA Bans Transgender Athletes From Competing in Women's Sports


The National Association of Intercollegiate Athletics (NAIA) implemented a ban on transgender athletes from participating in women's sports, citing support for fair and safe competition and adherence to Title IX guidelines. The policy distinguishes participation based on biological sex, allowing only female-identified individuals to compete in NAIA-sponsored female sports. Exceptions are made for individuals not undergoing masculinizing hormone therapy. The ban takes effect on August 1, with discretion given to member institutions regarding internal and non-countable external competition participation.

NAIA Adopts New Policy Banning Transgender Women from Participating in Most Women's Intercollegiate Sports Programs


The National Association of Intercollegiate Athletics (NAIA) has implemented a new policy prohibiting transgender women from competing in most women's intercollegiate sports programs while allowing transgender men to participate on women's teams under certain conditions. The policy defines biological sex based on birth certificates or affidavits, leading to criticism from scientists and LGBTQ advocates for oversimplifying sex and gender complexities. The NAIA's new rules, effective from August 1, leave decisions on transgender male participation in collegiate-level competition to individual schools. Competitive cheerleading and dance are exceptions to the policy.

Wisconsin Governor Vetoed Bill Banning Transgender Athletes From Competing on Teams Aligned with Gender Identity


Wisconsin Governor Tony Evers vetoed a bill passed by the Republican-controlled Legislature that sought to ban high school transgender athletes from competing on teams that align with their gender identity. Evers stated that the legislation harms LGBTQ Wisconsinites and children's mental health, and vowed to oppose policies targeting LGBTQ individuals. The bill faced opposition for being discriminatory towards transgender youth, with arguments both for and against its fairness for non-transgender athletes. The Wisconsin Interscholastic Athletic Association mandates hormone therapy for transgender athletes, similar to NCAA guidelines. A Biden administration proposal aims to prevent blanket bans on transgender athletes, citing Title IX violations.

Federal appeals court overturns West Virginia law prohibiting transgender girls in sports


The 4th U.S. Circuit Court of Appeals overturned West Virginia's law banning transgender girls from competing against biological girls in sports, citing a violation of Title IX. The ruling favored the American Civil Liberties Union, its West Virginia chapter, and Lambda Legal. The law, signed in 2021, required student-athletes to play according to their biological gender. The court's decision granted 13-year-old Becky Pepper-Jackson, who identifies as a girl, the right to compete based on her gender identity.

Lawsuit Against NCAA Over Title IX Rights Violations


Former University of Kentucky swimmer Riley Gaines and other college athletes filed a lawsuit against the NCAA on multiple occasions in 2023 and 2024, accusing the organization of violating their Title IX rights by allowing Lia Thomas, a transgender athlete, to compete at national championships in 2022.

National Organization for Women faces backlash for defending transgender athletes in women's sports


The National Organization for Women (NOW) received criticism for supporting the inclusion of transgender athletes in women's sports, with users accusing the organization of no longer representing women. NOW defended transgender athletes competing in women's categories, citing the Equality Act, but faced backlash for allegedly equating opposition to trans athletes with 'white supremacist patriarchy.' The controversy arose amid a lawsuit filed by 16 female student athletes against the NCAA for allowing transgender swimmer Lia Thomas to compete in women's championships in 2022, alleging a violation of Title IX rights.

Investigation opened into handling of transgender student's death at an Oklahoma school district


The U.S. Department of Education is investigating the handling of a nonbinary 16-year-old student's death at Owasso High School in Oklahoma, following allegations of sex-based harassment leading to the tragic incident. The investigation, initiated in response to a complaint filed by the Human Rights Campaign, aims to determine if the district failed to address discrimination and harassment, potentially violating Title IX. The cause of Nex Benedict's death, a day after a fight in a school bathroom, remains unclear.

Caitlyn Jenner Supports Ban on Transgender Athletes in Girls' and Women's Sports Teams in New York County


Former Olympic champion Caitlyn Jenner has backed a New York county's ban on transgender athletes participating in girls' and women's sports teams in public facilities, citing concerns about fairness, Title IX protection, and physical harm. The executive order was signed by Nassau County Executive Bruce Blakeman on Feb 22. Jenner, a transgender woman since 2015, has criticized trans women competing in women's sports. This move aligns with similar bans in half of the states as of 2020, impacting transgender student athletes. The ban has sparked opposition from LGBTQ advocates, including New York Gov Kathy Hochul and AG Letitia James, who see it as discriminatory and transphobic.

Title IX (Wikipedia)


Title IX is the most commonly used name for the landmark federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688.Senator Birch Bayh wrote the 37 words of Title IX. Bayh first introduced an amendment to the Higher Education Act to ban discrimination on the basis of sex on August 6, 1971, and again on February 28, 1972, when it passed the Senate. Representative Edith Green, chair of the Subcommittee on Education, had held hearings on discrimination against women, and introduced legislation in the House on May 11, 1972. The full Congress passed Title IX on June 8, 1972. Representative Patsy Mink emerged in the House to lead efforts to protect Title IX against attempts to weaken it, and it was later renamed the Patsy T. Mink Equal Opportunity in Education Act following Mink's death in 2002. When Title IX was passed in 1972, only 42 percent of the students enrolled in American colleges were female.The purpose of Title IX of the Educational Amendments of 1972 was to update Title VII of the Civil Rights Act of 1964, which banned several forms of discrimination in employment, but did not address or mention discrimination in education.

Louisiana advances bill restricting transgender people's restroom use


Louisiana's proposed bill would prohibit transgender individuals in public schools, jails, and shelters from using facilities aligning with their gender identity. Titled the Women's Safety Protection Act, it aims to safeguard cisgender women. The bill, defining gender based on biological sex, faces opposition for potentially endangering the transgender population. Advocates fear increased harassment and assault, emphasizing the need to consider the safety of transgender children. Amidst a national trend targeting transgender rights, Louisiana's bill joins a wave of restrictive measures impacting LGBTQ+ communities.

Transgender Swimmer Breaks Women's Records at New Jersey College Amid Controversy


Male swimmer Meghan Cortez-Fields from Ramapo College in New Jersey, who switched to women's events, broke multiple records including the 100-yard butterfly and the 200 IM, sparking controversy and backlash. Former NCAA swimmer Riley Gaines criticized the situation, questioning the fairness in women's sports and the interpretation of Title IX. Cortez-Fields, a transgender athlete, faced criticism similar to Lia Thomas for competing in women's categories after being on the men's team previously. Ramapo College stated Cortez-Fields complies with NCAA policies on transgender athletes, despite the ongoing debate.

President Biden's Re-Election Campaign Launches Effort to Rally LGBTQ+ Support


President Joe Biden's re-election campaign has unveiled a new initiative called 'Out for Biden-Harris' to mobilize LGBTQ+ voters, with Vice President Kamala Harris urging their support in a video. LGBTQ+ voters were crucial to Biden's win in 2020, with polls showing their preference for Biden over Trump. The campaign highlights Biden's record on LGBTQ+ rights and the importance of protecting these rights. Endorsements have been received from various LGBTQ+ organizations, and events are planned across battleground states. The administration includes openly LGBTQ+ members like Pete Buttigieg and Rachel Levine.

Kansas Governor Laura Kelly Vetoes Proposed Ban on Gender-Affirming Care for Minors


Kansas Governor Laura Kelly vetoed a proposed ban on gender-affirming care for minors, along with measures requiring more reporting from abortion providers and criminalizing coercing someone into having an abortion. Democratic lawmakers and students have supported LGBTQ+ rights, while Republican legislators are aiming to override the veto and enforce the ban on gender-affirming care for transgender minors.

Port Adelaide's Jeremy Finlayson Suspended for Using a Homophobic Slur in AFL Match


Port Adelaide forward Jeremy Finlayson received a three-game suspension from the AFL for making a homophobic slur towards an Essendon player during a match. The AFL emphasized the word's hurtful and unacceptable nature, requiring Finlayson to attend a Pride In Sport training program at his own expense. This incident highlights the AFL's zero tolerance for homophobia and commitment to creating a safe environment for LGBTQI+ individuals in the sport. Other recent cases of disciplinary actions for homophobic remarks in Australian sports include North Melbourne coach Alastair Clarkson and NRL winger Marcelo Montoya.

Vice-President Kamala Harris criticizes Donald Trump over abortion restrictions during campaign rally in Arizona


Vice-President Kamala Harris denounced Donald Trump for abortion restrictions at a campaign rally in Arizona, linking him to a 1864 law upheld by the state's Supreme Court banning most abortions. Harris attributed the lack of access to abortion to Trump's appointees on the US Supreme Court and warned of a potential national abortion ban in a second Trump term. The Biden campaign has been emphasizing Trump's role in abortion bans nationwide as a focal point for the 2024 election efforts. Arizona's ban has sparked debate and political focus on abortion access in the US.

Jill Biden Urges LGBTQ Community to Support Biden in Reelection Campaign


First Lady Jill Biden rallied LGBTQ voters for President Joe Biden's reelection campaign, warning against Donald Trump and urging the community to fight against efforts to strip away rights and freedoms. She emphasized the importance of their support for the Democratic ticket, highlighting the community's overwhelming support for Biden in 2020. Biden called Trump a bully who poses a threat to the LGBTQ community and stressed the need to mobilize support until the November 5 election. The event was held by the Human Rights Campaign, and Trump's campaign did not immediately respond to Biden's comments.

Pennsylvania School District Cancels Maulik Pancholy's Appearance Due to Activism and Lifestyle Concerns


The Cumberland Valley School District in Pennsylvania canceled Maulik Pancholy's upcoming anti-bullying speech at Mountain View Middle School citing concerns about his activism and lifestyle, specifically his LGBTQ+ advocacy. Pancholy, a gay actor and children's book author, faced cancellation after some school board members deemed his talk to be overtly political, despite his focus on bullying prevention. The decision sparked criticism and accusations of homophobia, leading to petitions for reinstatement. Pancholy, known for his roles in 30 Rock and Weeds, identifies as an activist and co-founder of the #ActToChange anti-bullying campaign.

US Women's National Team Players Association Supports LGBTQ Rights Amid Controversy Over Player's Social Media Posts


The US Women's National Team Players Association issued a statement in support of LGBTQ rights following midfielder Korbin Albert's apology for sharing anti-LGBTQ content on TikTok. The association emphasized creating a safe, inclusive, and welcoming soccer community, affirming LGBTQIA+ and trans rights as human rights. Players like Alex Morgan and Lindsey Horan addressed the issue internally, advocating for a respectful space and using their platform to amplify important causes. The statement was made before Albert played in the SheBelieves Cup final against Canada and did not mention her by name.

Presidency of Joe Biden (Wikipedia)


Joe Biden's tenure as the 46th president of the United States began with his inauguration on January 20, 2021. Biden, a Democrat from Delaware who previously served as vice president for two terms under President Barack Obama, took office following his victory in the 2020 presidential election over Republican incumbent president Donald Trump. Upon his inauguration, he became the oldest president in American history, breaking the record set by his predecessor Trump. Biden entered office amid the COVID-19 pandemic, an economic crisis, and increased political polarization.On the first day of his presidency, Biden made an effort to revert President Trump's energy policy by restoring U.S. participation in the Paris Agreement and revoking the permit for the Keystone XL pipeline. He also halted funding for Trump's border wall, an expansion of the Mexican border wall. On his second day, he issued a series of executive orders to reduce the impact of COVID-19, including invoking the Defense Production Act of 1950, and set an early goal of achieving one hundred million COVID-19 vaccinations in the United States in his first 100 days.Biden signed into law the American Rescue Plan Act of 2021; a $1.9 trillion stimulus bill that temporarily established expanded unemployment insurance and sent $1,400 stimulus checks to most Americans in response to continued economic pressure from COVID-19. He signed the bipartisan Infrastructure Investment and Jobs Act; a ten-year plan brokered by Biden alongside Democrats and Republicans in Congress, to invest in American roads, bridges, public transit, ports and broadband access. Biden signed the Juneteenth National Independence Day Act, making Juneteenth a federal holiday in the United States. He appointed Ketanji Brown Jackson to the U.S. Supreme Court—the first Black woman to serve on the court. After The Supreme Court overturned Roe v. Wade, Biden took executive actions, such as the signing of Executive Order 14076, to preserve and protect women's health rights nationwide, against abortion bans in Republican led states. Biden proposed a significant expansion of the U.S. social safety net through the Build Back Better Act, but those efforts, along with voting rights legislation, failed in Congress. However, in August 2022, Biden signed the Inflation Reduction Act of 2022, a domestic appropriations bill that included some of the provisions of the Build Back Better Act after the entire bill failed to pass. It included significant federal investment in climate and domestic clean energy production, tax credits for solar panels, electric cars and other home energy programs as well as a three-year extension of Affordable Care Act subsidies. Biden signed the CHIPS and Science Act, bolstering the semiconductor and manufacturing industry, the Honoring our PACT Act, expanding health care for US veterans, and the Electoral Count Reform and Presidential Transition Improvement Act. In late 2022, Biden signed the Respect for Marriage Act, which repealed the Defense of Marriage Act and codified same-sex and interracial marriage in the United States. In response to the debt-ceiling crisis of 2023, Biden negotiated and signed the Fiscal Responsibility Act of 2023, which restrains federal spending for fiscal years 2024 and 2025, implements minor changes to SNAP and TANF, includes energy permitting reform, claws back some IRS funding and unspent money for COVID-19, and suspends the debt ceiling to January 1, 2025. Biden established the American Climate Corps and created the first ever White House Office of Gun Violence Prevention. On September 26, 2023, Joe Biden visited a United Auto Workers picket line during the 2023 United Auto Workers strike, making him the first US president to visit one.The foreign policy goal of the Biden administration is to restore the US to a "position of trusted leadership" among global democracies in order to address the challenges posed by Russia and China. In foreign policy, Biden completed the withdrawal of U.S. military forces from Afghanistan, declaring an end to nation-building efforts and shifting U.S. foreign policy toward strategic competition with China and, to a lesser extent, Russia. However, during the withdrawal, the Afghan government collapsed and the Taliban seized control, leading to Biden receiving bipartisan criticism. He responded to the Russian invasion of Ukraine by imposing sanctions on Russia as well as providing Ukraine with over $100 billion in combined military, economic, and humanitarian aid. Biden also approved a raid which led to the death of Abu Ibrahim al-Hashimi al-Qurashi, the leader of the Islamic State, and approved a drone strike which killed Ayman Al Zawahiri, leader of Al-Qaeda. Biden signed AUKUS, an international security alliance, together with Australia and the United Kingdom. Biden called for the expansion of NATO with the addition of Finland and Sweden, and rallied NATO allies in support of Ukraine. During the Israel–Hamas war, Biden condemned Hamas and other Palestinian militants as terrorism and announced American military support for Israel; Biden also showed his support and sympathy towards Palestinians affected by the war, sent humanitarian aid, and brokered a four-day temporary pause and hostage exchange.Biden began his term with over 50% approval ratings; however, these fell significantly after the withdrawal from Afghanistan and remained low as the country experienced high inflation and rising gas prices. His age and mental fitness have also been a subject of discussion.

Betsy DeVos (Wikipedia)


Elisabeth Dee DeVos ( də-VOSS; née Prince; born January 8, 1958) is an American politician, philanthropist, and former government official who served as the 11th United States secretary of education from 2017 to 2021. DeVos is known for her conservative political activism, and particularly her support for school choice, school voucher programs, and charter schools. She was Republican national committeewoman for Michigan from 1992 to 1997 and served as chair of the Michigan Republican Party from 1996 to 2000, and again from 2003 to 2005. She has advocated for the Detroit charter school system and she is a former member of the board of the Foundation for Excellence in Education. She has served as chair of the board of the Alliance for School Choice and the Acton Institute and headed the All Children Matter PAC.DeVos is married to former Amway CEO Dick DeVos. Her brother, Erik Prince, a former U.S. Navy SEAL officer, is the founder of Blackwater USA. Their father is billionaire industrialist Edgar Prince, founder of the Prince Corporation. In 2016, the family was listed by Forbes as the 88th-richest in America, with an estimated net worth of $5.4 billion.On November 23, 2016, then-President-elect Donald Trump announced that he would nominate DeVos to serve as Secretary of Education in his administration. On January 31, following strong opposition to the nomination from Democrats, the Senate Committee on Health, Education, Labor and Pensions approved her nomination on a party-line vote, sending her nomination to the Senate floor. On February 7, 2017, she was confirmed by the Senate by a 51–50 margin, with Vice President Mike Pence breaking the tie in favor of her nomination. This was the first time in U.S. history that a Cabinet nominee's confirmation was decided by the vice president's tiebreaking vote.On January 7, 2021, DeVos tendered her resignation as education secretary as a result of the January 6 United States Capitol attack, saying to President Trump in her resignation letter, "There is no mistaking the impact your rhetoric had on the situation." Her resignation took effect on January 8, 2021, twelve days before her term would have ended with the inauguration of Joe Biden as president.

Country Star Maren Morris Defends Taking Young Son to Meet Drag Queens


Country singer Maren Morris defended her decision to introduce her young son to drag queens at an LGBTQ+ benefit concert amid controversial legislation in Tennessee to ban drag shows near schools. Morris described the experience as family-friendly and a celebration of artistry, emphasizing the importance of normalizing such expressions. The singer faced criticism for the decision but stood by the choice, deeming it harmless and inclusive. Morris discussed the incident on "The Kelly Clarkson Show," highlighting the positive impact of exposing her son to diverse forms of entertainment.

Biden Administration Restricts Oil and Gas Leasing in Alaska Federal Petroleum Reserve


The Biden administration has finalized rules to limit new oil and gas leasing on 13 million acres in a federal petroleum reserve in Alaska to protect wildlife like caribou and polar bears, amidst concerns over the impact of climate change in the warming Arctic. This decision follows controversy over the approval of the Willow oil project, with environmentalists criticizing the move for contradicting Biden's climate change pledge. Republican lawmakers, including Alaska Senators Sullivan and Murkowski, voiced opposition to the restrictions, citing economic concerns for the state.

Biden Administration Restricts Rules on Campus Sexual Assault and Protects LGBTQ+ Students Biden Administration Restricts Rules on Campus Sexual Assault and Protects LGBTQ+ Students Biden Administration Restricts Rules on Campus Sexual Assault and Protects LGBTQ+ Students

SOURCES

Washington Post

Biden Title IX rules set to protect trans students, abuse survivors

Washington Post

Yahoo! News

Title IX Rewrite Focuses Law on Victims, Including LGBTQ Students

Yahoo! News

AP News

Biden’s new Title IX rules protect LGBTQ+ students, but transgender sports rule still on hold

https://apnews.com/author/collin-binkley

ABC News

Biden’s new Title IX rules protect LGBTQ+ students, trans sports rule still on hold

ABC News

Yahoo! News

Education Department boosts legal defenses for transgender students

Yahoo! News

Daily Mail

Biden doesn't address transgender athlete bans with new rules

Associated

NBC

Biden's new Title IX rules protect LGBTQ students, but trans sports rule still on hold

NBC

Fox News

Biden dismantles Trump-era Title IX rules, sidesteps issue of trans athletes in girls' sports

Fox News

Fox News

Biden Revises Title IX, Delays Transgender Sports Rule With Election Looming

Fox News

Wikipedia

Gender identity under Title IX

Wikipedia

PANORA

NAIA Bans Transgender Athletes From Competing in Women's Sports

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NAIA Adopts New Policy Banning Transgender Women from Participating in Most Women's Intercollegiate Sports Programs

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Wisconsin Governor Vetoed Bill Banning Transgender Athletes From Competing on Teams Aligned with Gender Identity

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Federal appeals court overturns West Virginia law prohibiting transgender girls in sports

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Lawsuit Against NCAA Over Title IX Rights Violations

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National Organization for Women faces backlash for defending transgender athletes in women's sports

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Investigation opened into handling of transgender student's death at an Oklahoma school district

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Caitlyn Jenner Supports Ban on Transgender Athletes in Girls' and Women's Sports Teams in New York County

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Wikipedia

Title IX

Wikipedia

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Louisiana advances bill restricting transgender people's restroom use

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Transgender Swimmer Breaks Women's Records at New Jersey College Amid Controversy

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President Biden's Re-Election Campaign Launches Effort to Rally LGBTQ+ Support

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Kansas Governor Laura Kelly Vetoes Proposed Ban on Gender-Affirming Care for Minors

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Port Adelaide's Jeremy Finlayson Suspended for Using a Homophobic Slur in AFL Match

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Vice-President Kamala Harris criticizes Donald Trump over abortion restrictions during campaign rally in Arizona

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Jill Biden Urges LGBTQ Community to Support Biden in Reelection Campaign

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Pennsylvania School District Cancels Maulik Pancholy's Appearance Due to Activism and Lifestyle Concerns

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US Women's National Team Players Association Supports LGBTQ Rights Amid Controversy Over Player's Social Media Posts

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Wikipedia

Presidency of Joe Biden

Wikipedia

Wikipedia

Betsy DeVos

Wikipedia

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Country Star Maren Morris Defends Taking Young Son to Meet Drag Queens

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Biden Administration Restricts Oil and Gas Leasing in Alaska Federal Petroleum Reserve

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