Trump Administration Reinstates 2020 Title IX Rule, But Protections for LGBTQ Students Remain

The Trump administration has formally reinstated a 2020 Title IX rule that was issued under then-Education Secretary Betsy DeVos, a move that critics argue is a gratuitous and cruel gesture targeting transgender youth, particularly as elections approach. However, legal experts assert that this action does not change the law itself or diminish the existing legal protections for LGBTQ students.

Title IX, enacted in 1972, prohibits sex discrimination in any education program or activity receiving federal financial assistance. While often associated with gender equity in sports, the law's scope extends to all forms of sex discrimination in educational settings.

In 2024, the Biden administration had introduced new regulations intended to provide comprehensive protections for LGBTQ students, prohibiting discrimination based on sexual orientation and transgender status. These regulations, however, were blocked by courts and never fully implemented. Consequently, the government reverted to enforcing the 2020 DeVos rule.

The reinstatement of the 2020 rule by the Trump administration does not alter the standards currently in effect or reduce the legal protections already afforded to LGBTQ students. The executive branch does not have the authority to rewrite Title IX, and the Supreme Court has previously held that discrimination based on sexual orientation or transgender status constitutes discrimination on the basis of sex. This precedent means that LGBTQ students continue to be protected under federal civil rights law.

While the Supreme Court has allowed for the exclusion of transgender students from sports in specific contexts, ruling that states and schools may exclude transgender girls from women's and girls' sports, this decision does not mandate such exclusions. Furthermore, outside of sports, federal and local protections for LGBTQ students remain valid and enforceable.

Even prior to this administrative action, LGBTQ students have reported high rates of discrimination in schools. A recent survey indicated that 68% of LGBTQ-identified students experienced harassment or assault based on their transgender status, and 62% based on their sexual orientation. Following the 2024 election, this survey noted significant increases in hostility, bullying, and harassment experienced by these students.

The current political climate and rhetoric have been described as making a vulnerable group of young people even more so. Attention is now directed towards state and local officials responsible for ensuring the protection of LGBTQ students.