Human Rights Campaign Applauds DOJ’s Clarification That Title IX Applies to LGBTQ Americans

by HRC Staff

Human Rights Campaign Applauds DOJ’s Clarification That Title IX Applies to LGBTQ Americans

Today, the Human Rights Campaign (HRC) — the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ) civil rights organization — responded to the news from the Department of Justice clarifying that Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of gender identity and sexual orientation in federally-funded education institutions.

“With as many as one in six youth identifying as LGBTQ, it is crucial that the Department of Justice, the nation’s top legal enforcement agency, made it clear that the law is on the side of LGBTQ students. This memorandum will allow students, parents, and teachers to advocate for nondiscriminatory policies for LGBTQ students. Students who experience discrimination based on their sexual orientation or gender identity should feel confident filing complaints with the Department of Education. We are thankful to President Biden and his administration for following through with their promise to implement the Supreme Court’s decision in Bostock v. Clayton County, and we look forward to seeing our leaders continue to defend the rights of LGBTQ people in the weeks and months to come.”

Alphonso David, Human Rights Campaign President

President Biden’s Executive Order 13988, which instructs agencies to implement the U.S. Supreme Court’s ruling in Bostock v. Clayton County, requires a review of all polices, regulations, and other agency actions addressing discrimination on the basis of sex to determine applicability to sexual orientation and gender identity discrimination. In today’s memorandum, the Department of Justice concluded that Title IX’s prohibition on sex discrimination also covers LGBTQ students, and cleared the path for robust enforcement by the Department of Education to prevent and combat such discrimination.

There are so far 192 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 93 directly target transgender people.

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