The Biden administration’s efforts to expand Title IX policies have been struck down, resulting in a loss of protections for LGBTQ+ students.
The court ruling made by U.S. District Judge Danny Reeves in State of Tennessee v. Cardona erases the Department of Education’s attempt to increase protections for sex discrimination in schools as it applies to gender identity or sexual orientation. The judge ruled the expansion was an overreach and unconstitutional. Schools are to abide by the policies established under the 2020 Title IX regulations.
Since Title IX prevents discrimination based upon sex, San Jose State University lecturer Ken Yeager said it made sense for the civil rights law to cover transgender people.
“What a travesty,” Yeager told San José Spotlight. “It’s so ludicrous some Republican judge in Kentucky has more power over issues of discrimination than the president of the United States. It was one of the only protections transgender people were beginning to get more of, as you have all of these states passing terrible anti-trans bills.”
Yeager, a former Santa Clara County supervisor and the first openly gay official in the county, said people need to be able to be their authentic selves — but this ruling will give transgender people, particularly athletes, second thoughts about whether they want to be out publicly.
San Jose State University has already dealt with this controversial issue in its athletics department this season. The SJSU women’s volleyball team became a flashpoint in the debate over protecting transgender athletes from being banned from school sports under Title IX. Several colleges in the SJSU women’s volleyball conference refused to play the team and forfeited, citing fairness and safety issues due to the team’s alleged transgender player.
San Jose State University spokesperson Michelle Smith McDonald said all SJSU student-athletes are eligible to participate in sports under current NCAA and Mountain West Conference rules.
“We will be reviewing the court’s decision and expeditiously working with the California State University Office for Civil Rights to assess the implications on our campus and determine what, if any, policy revisions are necessary,” she told San José Spotlight.
Yeager said this will open the door for even more blatant discrimination against transgender people.
“All of a sudden, people don’t need to make any accommodations,” he told San José Spotlight. “They’re free to discriminate knowing there won’t be any repercussions.”
Title IX could be further diluted by the Trump administration. President-elect Donald Trump has spoken out publicly about not permitting transgender athletes to compete.
Amy Bentley-Smith, spokesperson for the CSU Office of the Chancellor, said CSU is assessing the impact given current California law and is awaiting guidance from the U.S. Department of Education Office for Civil Rights.
“At this time, the CSU will continue to apply our current system-wide nondiscrimination policy,” she told San José Spotlight. SJSU’s Title IX office investigates allegations of discrimination, harassment or retaliation based on sex or gender. Mary Keating, SJSU associate vice president for Title IX and Equal Opportunity, said the office supports all students and will continue to prohibit discrimination and harassment on the basis of any protected status.
Gabrielle Antolovich, president of the Billy DeFrank LGBTQ+ Community Center, said she’s concerned the loss of protection for LGBTQ+ students may increase suicide rates and cause transgender people to hide who they are.
“When you can’t be who you are it just deadens your life,” she told San José Spotlight. “Being who you are is the most important thing.”
Contact Lorraine Gabbert at [email protected].
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