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Gov. Greg Abbott orders Texas to ignore Biden administration’s new federal protections of LGBTQ+ students

The new Title IX rules expanded the definition of sex-based harassment. Texas is also suing the Biden administration to block the changes.

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Activists and members of Austin's LGBTQ community gather on the steps of the capitol to celebrate the anniversary of the 1969 Stonewall riots. These riots signify a key moment in the birth of the modern LGBT movement in America. June 28, 2017.
Texas Attorney General Ken Paxton sued the Biden administration Monday after it extended Title IX to LGBTQ students. Credit: Austin Price for The Texas Tribune

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Gov. Greg Abbott ordered the Texas Education Agency on Monday to ignore a Biden administration rule that expanded federal sex discrimination protections to include LGBTQ+ students.

The Biden administration recently revised the rules for Title IX, the sweeping civil rights law that prohibits sex-based discrimination at federally funded colleges and K-12 schools. The new rules, which are set to go into effect in August, redefined sex discrimination and sex-based harassment to prevent misconduct based on sex stereotypes, pregnancy, gender identity and sexual orientation. It codifies initial guidance documents that prompted Texas Attorney General Ken Paxton to sue the Biden administration last year.

"Congress wrote Title IX to protect women. Biden, with no authority to do so, rewrote Title IX to protect men who identify as women," Abbott wrote Monday on social media platform X.

Abbott's order came the same day Paxton announced he had sued the Biden administration Monday to block the Title IX changes. Texas joins a growing number of Republican-led states that have berated the new rules, setting the stage for a legal fight over LGBTQ+ student protections. They say the Biden administration misinterpreted the intent of Title IX.

In its final interpretation of Title IX, the Biden administration sought to extend a 2020 U.S. Supreme Court case decision related to workplace discrimination to students. The high court ruled in Bostock v. Clayton County that Title VII, a civil rights law that bars employment discrimination on the basis of sex, applied to gay and transgender workers.

The Title IX changes also walk back rules set during the Trump administration that required “live hearings” in which students accused of sexual misconduct could question accusers in a courtroom-like setting. The Biden administration kept Trump-era provisions that allow informal resolutions and prohibit penalties against students until an investigation is complete.

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Information about the authors

Sneha Dey’s staff photo

Sneha Dey

Reporter, Pathways from Education to Employment

sneha.dey@texastribune.org

@snehadey_

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