...but we need to demand that they are ensured and applied.
I was reminded by Teen VOGUE (follow them on BlueSky!) that it has been a year since the death of 16-year old Nex Benedict, a trans, Choctaw student in Oklahoma. (note that Benedict was not a registered Choctaw but was claimed by Choctaws; also note Nex used he/him & they/them pronouns).
As noted in the article, Oklahoma has one of the most virulent set of anti-trans laws in the country. Still, Nex's school had a duty to protect him (and the other students who had reported being bullied because of their gender identity and expression) because of Title IX.
That HAS NOT CHANGED. I link to again (because the more places it can be found, the better) this chart from National Women's Law Center about what is still required of schools. (This summary is also good.)
From NWLC:
The Title IX statute (passed in 1972) already protected—and still protects—students from anti-LGBTQI+ discrimination. Several federal appellate courts, including the Fourth, Seventh, and Ninth Circuits, have affirmed that sex discrimination under Title IX includes discrimination on the basis of sexual orientation, gender identity, or both.2 The Supreme Court also affirmed in Bostock v. Clayton County that discrimination based on sex includes discrimination based on sexual orientation and gender identity. Furthermore, the Department of Education has resolved a number of Title IX complaints before the 2024rules were issued, including under the 2020 sexual harassment rules, requiring schools to protect LGBTQI+ students from harassment and bullying, including anti-LGBTQI+ slurs and repeated misgendering. And, since at least 2011, the Department has recognized under both Democratic and Republican administrations that sex discrimination includes sex stereotyping.
Yes, there is the possibility that Bostock's interpretation of sex discrimination will not hold. But it is still there.
The Executive Orders are not laws and they are being challenged.
Participate in the pushback!
Write a letter--better yet an open letter that folks can sign--to members of your administration, your Title IX coordinators and ask them questions about how they will protect LGBTQ+ students. Make demands. Be specific! Make them communicate their obligations to the whole community. Visibility is necessary right now and making it known to the powers-that-be that YOU know what is what is really important.
What folks, including those I am working in coalition with (also: find people with whom to work that you trust and communicate well with whether that is an existing group like a rapid response network or a union or a newly created coalition) are focused on right now in many communities is the incursion of ICE in our schools. Open letters and demands are flowing.
This can also work for Title IX and LGBTQ+ rights. When I come up with some good language that can be modified to your needs, I will happily share it here. Also, please reach out if any of this is happening already where you are.
Not all the protections are gone. Make those that exist known and fight for them!
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