Title IX Rulemaking and LGBTQ Protections

The Biden administration's efforts to update Title IX aim to enhance protections for LGBTQ students against discrimination in educational settings. This rulemaking process has roots dating back to the Obama administration, where initial determinations from the Equal Employment Opportunity Commission (EEOC) indicated that discrimination based on sex encompasses both gender identity and sexual orientation. Despite the progress, the Trump administration rolled back guidance that favored these interpretations, complicating the landscape for LGBTQ rights further. As of August 1, the updated Title IX rule is in effect, although its implementation is currently blocked in litigation in 26 states, highlighting ongoing challenges in enforcing these protections.