The Department of Education announced on Wednesday that Title IX protections extend to gay and transgender students, citing the Supreme Court’s decision last year which affirmed that gay, lesbian and transgender workers are protected under the Civil Rights Act.

What You Need To Know

  • The Department of Education announced on Wednesday that Title IX protections extend to gay and transgender students, a reversal of a Trump administration policy

  • The decision cites the Supreme Court ruling in Bostock v. Clayton County, which affirmed that gay, lesbian and transgender workers are protected against discrimination under the Civil Rights Act

  • The news comes amid a wave of legislation in dozens of states aimed at transgender youth, including measures banning transgender girls and women from playing women’s sports

  • It is unclear how this new announcement will impact such legislation

“We just want to double down on our expectations,” Education Secretary Dr. Miguel Cardona, said in an interview with the New York Times, which first reported the news. “Students cannot be discriminated against because of their sexual orientation or their gender identity.”

The ruling in Bostock v. Clayton County, which was issued one week ago Tuesday, protects gay, lesbian and transgender workers against discrimination, which the Biden Administration has been using as precedent to expand protections for LGBTQ+ Americans.

"The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections," Cardona said in a statement.

"I'm proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination," he continued. "Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”

The Education Department’s stance is a reversal of the policy of the Trump administration, which issued a memo in its final weeks saying that LGBTQ+ students were not protected under Title IX.

The news comes amid a wave of legislation in dozens of states aimed at transgender youth, including measures banning transgender girls and women from playing women’s sports. Florida Gov. Ron DeSantis, a Republican, signed such a bill into law in June, on the first day of Pride Month.

"In Florida, girls are going to play girls sports and boys are going to play boys sports," Gov. DeSantis said as he signed the “Fairness in Women’s Sports Act” into law. "We're going to make sure that that's the reality." 

Republican governors in Arkansas, Tennessee and Mississippi have recently enacted similar legislation. 

It is unclear how this new announcement will impact such legislation. 

“The reality is each case has to be investigated individually,” Cardona said, adding that schools should “not wait for complaints to come to address these issues.”

This is a developing story. Check back later for further updates.