The U.S Department of Justice Civil Rights Division has issued a memo declaring that the protections against discrimination based on sex laid out in Title IX of The Education Amendments of 1972 also extend to discrimination based on gender identity and sexual orientation.
In the memo, the Civil Rights Division points to the Supreme Court ruling last year in Bostock v. Clayton County that found it illegal for employers to fire somebody based on their sexual orientation or gender identity. They also took into consideration President Biden’s Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation that urged all government agencies to find ways to expand protections for those in the LGBTQ community.
The memo states, “The Executive Order directs agencies to review other laws that prohibit sex discrimination, including Title IX, to determine whether they prohibit discrimination on the basis of gender identity and sexual orientation. We conclude that Title IX does.”
This decision by the Department of Justice was applauded by advocates who fight for legal protections for queer individuals. One such group is Lambda Legal, which fights to achieve full recognition of the civil rights of lesbians, gay men, bisexuals, and transgender people.
“Today’s action by the Civil Rights Division builds upon the Biden administration’s Day One executive order to clarify the protections that exist under federal law against anti-LGBTQ discrimination and, more broadly, to restore the respect for the rule of law that was notably absent during the dark years of the Trump administration. Lawmakers across the country have just received very clear notice that DOJ views anti-LGBTQ discrimination as within the scope of Title IX’s protections.
We hope that they take this message seriously, and stand down from their dangerous and mean-spirited attacks on our community, particularly those targeting transgender youth,” said Sharon McGowan, Chief Strategy Officer and Legal Director at Lambda Legal.
The memo mentioned the the case of Adams v. The School Board of St. Johns County, Florida, which was a case brought by Lambda Legal that fought for the right of 16-year old Drew Adams to use the bathroom that aligned with his sexual orientation. Adams won a ruling in the district court and won again in the appeals court when the school board fought the district court ruling.
The memo ends stating, “I hope this memorandum provides a starting point for your agencies to ensure the consistent and robust enforcement of Title IX, in furtherance of the commitment that every person should be treated with respect and dignity. The Civil Rights Division is available to answer any questions your agencies have as you implement Title IX’s protections against sexual orientation and gender identity discrimination.”
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