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Center Celebrates LGBTQ+ Inclusion Ruling – Encourages Ohio to Back Federal Inclusion Laws

From our partners at CenterLink:

In April 2024, the U.S. Department of Education published a final rule that updates Title IX regulations to clarify legal protections for LGBTQ+ students, survivors of sexual assault, and pregnant and parenting students. These Title IX updates strengthen the legal rights of LGBTQ+ students to challenge discriminatory practices and encourage school districts to adopt more inclusive policies to ensure compliance with federal law.

It is important that Title IX was clarified to protect LGBTQ+ youth because:
  •  LGBTQ+ youth are disproportionately affected by discriminatory school policies and discipline from school staff. 25% of LGBTQ+ students are disciplined for public displays of affection when their straight/cisgender peers are not.
  • Transgender, nonbinary, and gender-expansive youth face challenges with being affirmed in the classroom, with 53% of transgender students being prevented from using their self-identified name and pronouns.
  • Transgender and nonbinary students have faced discriminatory policies and harassment from both peers and school staff that inhibit use of sex-separated spaces that are consistent with their gender identity. 68% of transgender students and 45% of nonbinary students reported being denied access to bathrooms. When students are denied access to sex-separated spaces consistent with their gender identity, they face increased risk of bullying, harassment, and assault. 
In the final rule, the U.S. Department of Education includes three major revisions that impact LGBTQ+ students:
  • Clarifying that sex-based discrimination prohibited by Title IX is inclusive of discrimination on the basis of sexual orientation, gender identity, and sex characteristics. The inclusion of language about sex characteristics is particularly critical for ensuring that intersex people are protected by Title IX.
  • Clarifying that Title IX prohibits sex-based harassment, instead of only sexual harassment. This is particularly critical for ensuring that verbal and physical harassment of LGBTQ+ students is addressed.
  • Clarifying that sex-separated programs and activities – including bathrooms, locker rooms, overnight accommodations, and sex education classes – cannot exclude a person from a space consistent with their gender identity.