New federal protections for transgender students in the United States took effect on Thursday, but the impact has been muted due to legal challenges. Judges have temporarily blocked enforcement in 25 states and numerous schools and colleges across the country, leading to confusion and inertia in terms of compliance as the academic year begins. The new regulation also includes protections for pregnant students and students who are parents, as well as guidelines on how schools must respond to sexual misconduct complaints. The rights of transgender individuals, especially young people, have become a contentious political issue in recent years, with many Republican-controlled states enacting laws that restrict gender-affirming healthcare for transgender minors and limit their access to certain facilities and sports competitions.
President Joe Biden’s administration introduced the new regulation in April to protect the rights of LGBTQ+ students under Title IX, a law that prohibits sex discrimination in federally-funded schools. The rule prohibits discriminatory treatment of transgender students, including restrictions on bathroom access. However, the regulation does not explicitly address sports participation, which remains a contentious issue. It also expands protections for pregnant students and students with children, broadens the scope of sexual misconduct cases that schools must investigate, and removes a Trump-era rule that allowed the accused to cross-examine their accusers in live hearings.
Despite efforts by the U.S. Department of Justice to enforce components of the rule that were not challenged by states, the enforcement of Title IX remains uncertain. Federal courts have blocked enforcement in most Republican states that have sued the government, creating a patchwork of rules across the country. In some cases, individual judges have further complicated matters by issuing rulings that prevent enforcement in schools affiliated with certain organizations. As a result, the regulation is in effect in some schools while being disregarded in others within the same district, leading to confusion and frustration among administrators.
The lack of clear guidance from the Biden administration has left many school districts unsure of how to proceed with the new regulations. Some districts may need to train separate teams to handle the different sets of rules that apply in different schools. While some states already offer protections for transgender students, the new federal rules introduce additional components that may not be addressed in existing policies. Despite the legal challenges and injunctions preventing enforcement in certain places, school districts are still able to implement similar policies to protect transgender students. The impact of the lack of federal protections is felt by students like Kaemo Mainard O’Connell in Arkansas, who face challenges in being respected and supported in their schools due to discriminatory state laws and the absence of federal regulations.
Families of transgender children in states like Utah, which have challenged the new rules in court, are also worried about the impact of the lack of federal protections. Lawmakers in Utah passed resolutions instructing state employees to disregard the Title IX directive, creating a hostile environment for transgender students. Without federal protections, parents like Grace Cooper are concerned about their children feeling marginalized and facing discrimination at school. The ongoing legal battles and inconsistent enforcement of Title IX underscore the challenges faced by transgender students and highlight the need for clear and comprehensive protections at the federal level to ensure their well-being and equal treatment in educational settings.
