Title IX of the Education Amendments of 1972 protects people from discrimination and harassment based on sex in education programs or activities that receive federal financial assistance. The U.S. Department of Education’s proposed rule would clarify that sex-based discrimination and harassment under Title IX includes discrimination and harassment due to sexual orientation and gender identity (SOGI) in accordance with the 2020 U.S. Supreme Court ruling in Bostock v. Clayton County.
If the rule is finalized, Title IX will expand protections in education for an estimated 3.5 million students in the U.S. who identify as LGBT, including about 300,000 who identify as transgender. Over half of LGBT students live in states without express protections from discrimination based on SOGI. Research shows that LGBT students experience higher rates of bullying and violence than their non-LGBT peers.
Scholars present extensive research detailing persistent discrimination, harassment, and assault faced by LGBT people in educational settings, focusing on the experiences of LGBT students, LGBT teachers and other school employees, and LGBT parents. They also provide research that demonstrates the negative effects of persistent stigma and discrimination on the health and well-being of LGBT people. In addition, they recommend that the Department of Education provide further clarifications on notices of nondiscrimination protections, religious exemptions, and nondiscrimination in athletics, as well as broaden SOGI data collection.