More than 60 House Republicans are challenging a Biden administration rule that expands federal nondiscrimination protections for transgender students.
In April, the Education Department published a final set of broad modifications to Title IX, the civil rights legislation that prohibits sex discrimination in government-funded schools and education programs. Set to go into effect on August 1, the new regulation addresses discrimination based on sexual orientation and gender identity for the first time, infuriating some on the right who claim the administration’s interpretation of the decades-old legislation undermines existing protections for women and girls.
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The administration’s Title IX overhaul would also strengthen nondiscrimination protections for pregnant students and alter how colleges handle sexual harassment and assault complaints.
On Wednesday, at least 65 House Republicans signed a disapproval resolution aimed at repealing the new rule, which they claim contradicts the basic objective of Title IX.
“This divergence is a blatant violation of the protections Title IX was meant to guarantee, and it undermines the very foundation of women’s rights and security in their private spaces,” Rep. Mary Miller (R-Ill.), who is sponsoring the bipartisan resolution, said in a news release.
The Education Department declined to comment on the joint resolution, citing its policy against commenting on pending legislation.
“The Department crafted the final Title IX regulations following a rigorous process to give complete effect to the Title IX statutory guarantee that no person experiences sex discrimination in federally funded education,” a representative for the Education Department said.
Although Title IX is a federal statute, each administration has a distinct approach to implementing its restrictions, which schools must obey in order to receive federal funding. Last month, former President Trump declared his intention to rescind the Biden administration’s rule “on day one” if reelected in November.
Despite the risk to government funding, Republican governors, attorneys general, and education officials across the country have vowed to reject the Biden administration’s interpretation, and instructed school districts to disregard the law’s expanded protections for transgender students. In May, Arkansas Gov. Sarah Huckabee Sanders (R) threatened legal action against the Biden administration “for any financial loss, including funding,” caused by school districts’ refusal to execute the new rule.
More than 20 Republican-led states have filed lawsuits alleging that the administration’s Title IX rule undermines federal nondiscrimination protections for non-transgender students and incorrectly applies the reasoning of a 2020 Supreme Court decision protecting employees from discrimination based on sexual orientation and gender identity to Title IX.
The cases, the majority of which were filed in conservative regions, are expected to succeed in temporarily delaying the new regulations from going into force this summer.
The Biden administration has yet to complete a separate rule regarding sports eligibility. The Education Department’s proposal last year would prohibit schools from implementing policies that categorically restrict transgender student-athletes from sports teams that match their gender identity, with few exceptions.
Rep. Mark Pocan (D-Wis.), leader of the Congressional Equality Caucus, criticized House Republicans’ resolution Wednesday as a “cruel continuation” of GOP-led attacks on the LGBTQ community.
Pocan stated in a statement to The Hill, “Reversing Biden’s Title IX rule will undermine the Education Department’s ability to protect LGBTQI+, pregnant, and parenting students from discrimination and support survivors of sexual violence.” “You expect bullies in school, but once again, House Republicans are punching down and trying to stigmatize LGBTQI+ and other minority students by repealing these critical nondiscrimination protections.”
This Congress, House Republicans presented more than 70 disapproval resolutions aimed at overturning Biden administration laws, but only seven cleared the House and five were forwarded to President Biden, who vetoed them.
