Title IX is a powerful federal law that protects students from sex-based discrimination and sexual harassment. If a school does not promptly investigate reports of sex discrimination or harassment, it can lose federal funding.
Title IX began as a way to provide equal funding for women’s college athletic programs and prevent academic programs from being restricted to men. However, this law has evolved over time, providing additional protections and applying in more diverse applications. Recent changes to Title IX explicitly include protections for LGBTQ+ students under the Biden Administration’s more liberal interpretation of the terms “sex” and “gender.”
However, President Donald Trump has stated that he plans to roll back the Biden Administration’s Title IX regulations. If these changes are implemented, there will be significant changes to rules, which have only recently been implemented. It’s essential to understand how these potential changes could affect LGBTQ+ students.
The Old Rules
The previous rules did not explicitly state that harassment or discrimination based on sexual orientation or gender identity was sex-based discrimination. Therefore, LGBTQ+ students were not protected by Title IX if someone harassed them for these reasons. Even though the new rules were only recently implemented to provide new definitions for these terms, if President Trump rolls back the Biden Administration’s Title IX updates, the old rules would apply. Therefore, LGBTQ+ students may not be protected by Title IX’s provisions.
Understanding the 2024 Title IX Rules
New Title IX rules became effective Aug. 1, 2024. Among sweeping changes were various provisions that affect LGBTQ+ students. The Final Rule clarifies that Title IX prohibits discrimination based on sexual orientation or gender identity. The Final Rule expands the definition of sex-based harassment to encompass harassment based on sex characteristics, sexual orientation, gender identity, sex stereotypes, and pregnancy.
This broadens the definition of sex discrimination included in the original version and subsequent amendments of Title IX, providing protections to a more significant number of students. Students who believe they are being harassed or discriminated against because of their gender identity or sexual orientation are entitled to a response from their school under the new rules.
The new rules also adjusted some of the tests in determining whether sex-based harassment occurred. The old rule required students to show that sexual harassment was so “severe, pervasive, and objectively offensive” that it limits a student’s equal access to an education. The new rule requires the student to show the harassment is “severe or pervasive.”
Additionally, the new rules’ reporting requirements require a response if they have knowledge of conduct that “reasonably” constitutes sex discrimination rather than the “actual knowledge” provided for under the former rules. Schools must also respond “promptly and effectively” rather than in a manner not deliberately indifferent. Certain non-confidential employees must now report instances to the Title IX coordinator when they learn of conduct that might reasonably represent sexual harassment or sex discrimination.
Of note to the new rules is the absence of any clarification regarding transgender participation in sports. The Biden administration originally intended to provide a Title IX trans rule that would have clarified transgender and nonbinary students’ participation in athletic programs that align with their gender identity and would have prohibited schools from enacting bans on transgender athletes. However, this is a hot-button topic, with many states passing laws banning their participation on teams other than those that align with the sex assigned at birth, so the new Title 9 gender identity rule does not touch on this subject.
Some states have responded by filing federal lawsuits to block the implementation of the new rules. Several federal court orders have enjoined the transition of the new regulations in these states. In these states, the old rules apply until the cases are resolved, meaning that LGBTQ+ students may not be protected under them.
The Role of Title IX in Protecting LGBTQ+ Students
Previous iterations of Title IX did not specifically include protections for LGBTQ+ students. Sex discrimination did not include the definition of harassment based on sexual orientation or gender identity. The new rules make it clear that this is sex-based harassment.
Harassment based on sexual orientation or gender identity can take many forms, including using the wrong pronouns, not providing enough gender-neutral bathrooms, or outing someone in this community. The new rules could potentially provide a basis for legal claims based on these issues.
However, if President Trump’s changes are implemented, these recently enacted changes will roll back to the previous definitions. Gay, lesbian, transgender, and non-binary students will be stripped of these recently obtained rights. For example, if someone mocks them for their sexuality or misgenders them, they may not have recourse under Title IX.
Mental Health Implications of the New Title IX Rules
The LGBTQ+ community in the United States has faced legal challenges and obstacles that have adversely affected their mental health. According to the Trevor Project’s 2023 U.S. National Survey on the Mental Health of LGBTQ Young People:
- 41% of LGBTQ young people seriously considered attempting suicide in the past year.
- 56% of LGBTQ young people who wanted mental health care in the past year were not able to receive it.
- A majority of LGBTQ young people reported being verbally harassed at school because people thought they were LGBTQ.
- About half of transgender and nonbinary young people believed their school was not gender-affirming.
- Nearly one-third of LGBTQ young people said their mental health was poor most of the time or always due to anti-LGBTQ policies and legislation.
The new Title IX rule sends a message to LGBTQ, trans, and nonbinary students that they belong and their rights should be protected. Research indicates that when students feel they belong, their mental health outcomes improve. Notably, they have lower suicide rates. Transgender and nonbinary young people who reported that when all the people they lived with respect their pronouns, they reported lower rates of attempting suicide. Transgender and nonbinary young people who believed their schools were gender-affirming also reported lower rates of attempting suicide.
A sense of belonging also improves self-esteem, lowers depression rates, and improves school retention rates. It also increases students’ sense of safety.
The new rules can help reduce instances of discrimination and send a message against hate-filled speech and actions. This can improve the campus community for LGBTQ+ students, leading to improved mental health outcomes.
The Opposition: Analyzing the Backlash Against the New Title IX Rules
Not all states have responded favorably to the new rules. Reports of “Title IX trans rule struck down” began shortly after the new rule was finalized in April 2024. One federal judge said that the rule “wreaks havoc” on the gender equity law and would “derail deeply rooted law,” while another said the final regulations were an “abuse of power.”
Many of the Title IX lawsuits center around whether the state or federal government gets to decide what constitutes sex-based discrimination. Some opponents of the rule argue that the Final Rule undermines the original statute. They claim changes would put cisgender women and girls at risk by allowing transgender students to use bathrooms and locker rooms that align with their gender identity. Others argue that the costs to implement the required changes are too expensive. Several injunctions have halted the Title IX rules from being imposed.
Due to these legal actions, the Department of Education is enjoined from enforcing the 2024 Final Rule in various states due to federal court orders. As of Nov. 25, 2024, this includes the following states:
- Alabama
- Alaska
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Montana
- Nebraska
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
In these states, the former rules apply.
The Broader Impact: How Title IX Changes Could Shape the Future of Education
Changes to Title IX policies can potentially shape the future of education. Schools, colleges, and universities around the country could help foster a culture of inclusivity, providing training to faculty, implementing new safeguards, and enforcing new rules designed to protect members of the LGBTQ+ community. Such changes could help inspire additional legal protections for LGBTQ+ individuals in other areas of life, including being allowed gender-affirming care, having correct pronouns used at work and in official documents, and participating in sports in a way that aligns with their gender identity.
Supporting LGBTQ+ Students Year-Round
Historical precedent shows that when any community in our society is marginalized, we all pay the price. Burning of the Pride flag events encourages hate crimes and ignorance. State actions and individual conversations against trans and nonbinary individuals encourage intolerance and further saddle the community with adverse mental health challenges. This level of contempt can endanger members of the community, silence them, and make them feel unwanted, leading to greater suicide rates, emergency hospitalization, or violent attacks.
Members of the LGBTQ+ community and allies can take steps to foster more inclusive communities by providing safe spaces for students and others to talk about their experiences and recommend changes that can benefit all. Community support is pivotal to fostering a sense of belonging and goes well beyond having a Pride Day celebration.
Communities can support LGBTQ+ individuals by standing up to discrimination and discriminatory practices, displaying Pride symbols, creating inclusive workplaces, mentoring LGBTQ+ youth, offering financial resources for those in crisis, incorporating LGBTQ+ media, supporting queer-owned businesses, offering inclusive services and programs in community organizations, businesses, and institutions, and fostering an environment of acceptance year-round. These extra steps can help ensure the mental health and well-being of LGBTQ+ students across the nation.
Legal Recourse for LGBTQ+ Students Facing Discrimination
If you believe that your college, university, colleague, or peer is discriminating against you or harassing you because of your gender identity or sexual orientation, you can file a Title IX complaint with your school. Each school is required to have a Title IX policy. You can look for your school’s policy on the web.
Generally, you can contact your school’s designated Title IX coordinator in person, electronically, or by mail to file a formal complaint. Under the new rules, it is also sufficient to provide a verbal description of the events to begin the investigative process, but you may need to follow up with a written description of the date, location, and names of the individuals involved. You can also file a complaint with the United States Department of Education’s Office for Civil Rights online or by mail, providing the same information about the discrimination you’ve experienced.
