The Truth is Powerful

Biden administration overturns Trump’s worst anti-LGBTQ policy for students

The Department of Justice (DOJ) just issued a memo saying that Title IX bans anti-LGBTQ discrimination in schools, a sharp rebuke to the Trump administration’s opposition to protections for students.

The Trump administration spent four years fighting against the idea that laws that ban discrimination “based on sex” ban anti-LGBTQ discrimination, particularly in schools. But President Joe Biden appointed one of the chief legal advocates of that argument to a key position in his administration, and she’s already working to restore LGBTQ rights.

In 2017, then-Secretary of Education Betsy DeVos issued guidance to schools saying that Title IX did not protect LGBTQ students, shortly after she and Attorney General Jeff Sessions revoked Obama era guidance that said the opposite. Title IX bans discrimination “based on sex” in education.

DeVos remained fiercely opposed to LGBTQ protections throughout the Trump era, even issuing a last-minute memo this past January begging Department of Education employees to keep anti-LGBTQ discrimination legal in schools as Biden took office.

At the time, the DeVos guidance move was one of the Trump administration’s first attacks on LGBTQ civil rights protections implemented in the Obama era. While some federal courts had accepted the argument that discrimination based on sex necessarily includes […]

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