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Biden’s New School Rules Protect LGBTQ Students

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Supreme Court decision finding that the Civil Rights Act protects LGBTQ workers from workplace discrimination, and that instances of anti-LGBTQ discrimination are inherently a form of sex-based discrimination.The revised Title IX rules also restore some protections for students who make sexual assault allegations against other students, offering them alternatives to Trump-era policies that required live hearings in which students could cross-examine each other when an accusation was contested.Democrats, including some LGBTQ advocates, had long criticized the Trump-era policies, arguing they were overly deferential to students accused of sexual violence.The new rules also expand the types of harassment complaints that schools are required to investigate, asserting that schools must address any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education, but do not completely roll back provisions instituted under former Education Secretary Betsy DeVos intended to bolster accused students’ due process rights.“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Secretary of Education Miguel Cardona said in a call with reporters on Thursday.Regarding the explicit LGBTQ protections, Caronda added, “No one should face bullying or discrimination just because of who they are, who they love.

Sadly, this happens all too often.”While the new rules explicitly ensure that Title IX’s protections against discrimination or harassment will apply to cases involving alleged anti-LGBTQ animus — including attempts to bar transgender students from accessing gender-affirming bathrooms and locker rooms — the Biden administration sidestepped the issue of whether transgender students should be able to play on sports teams that align with their gender identity.The new rules find that exclusion from activities based on gender identity causes harm but do not.

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