The Biden administration’s overhaul of Title IX of the Education Amendments of 1972 has sparked a contentious debate that has left colleges and universities across the country in a state of uncertainty. The new regulations, finalized a little over 100 days ago, promised greater protections for LGBTQ+ students, pregnant individuals, and victims of sexual harassment. However, the implementation of these changes has been met with resistance from Republican officials, conservative groups, and some state leaders.
Complying with the new rule by the August 1 deadline has proven to be a challenge for many Title IX offices, especially in Republican-led states where officials have been instructed not to comply with the regulations. The pushback has resulted in a series of lawsuits, with 26 Republican attorneys general challenging the regulations in court. So far, they have secured seven temporary injunctions that prevent the Education Department from enforcing the regulations in those 26 states, creating a patchwork of implementation across the country.
One of the key points of contention in the new rule is the clarification that sex-based discrimination prohibited under Title IX includes discrimination based on sexual orientation and gender identity. This provision, along with the allowance for transgender students to use facilities consistent with their gender identity, has drawn criticism from conservative groups and Republican officials who argue that it undermines the rights of cisgender women and girls.
Louisiana senator Dr. Bill Cassidy has been a vocal opponent of the new regulations, calling them „the death of Title IX“ and introducing a resolution in the Senate to overturn them. Despite the unlikely passage of Cassidy’s resolution in the Democratic-controlled Senate, judges have sided with Republican arguments in several cases, leading to further confusion among Title IX administrators.
The road to the Biden administration’s Title IX overhaul began during the 2020 presidential campaign when Joe Biden promised to overturn the changes made by the Trump administration. The final regulations, issued in April 2023, strengthened protections for LGBTQ+ students and expanded colleges‘ responsibilities under Title IX. However, critics argue that the rollback of the Trump rules infringes on the rights of students accused of misconduct and undermines the law’s protections for women and girls.
The swift pushback from conservative groups resulted in a series of lawsuits challenging the new regulations. Federal judges issued injunctions blocking the enforcement of the regulations in multiple states, citing concerns about the legality and impact of the changes. The Biden administration has appealed these injunctions but has faced challenges in reversing the court orders.
As the legal battles continue, the fate of the new Title IX rule remains uncertain. Colleges and universities are left in limbo, waiting for clarity on how to proceed. The Supreme Court may ultimately have to settle the questions raised in the states‘ lawsuits, providing a resolution to the ongoing debate surrounding Title IX and its protections for students.