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Published on April 30, 2024
Texas Governor Greg Abbott Defies Biden's Title IX Expansion, Rejects New LGBTQ+ Student ProtectionsSource: Wikipedia/Jay Godwin, Public domain, via Wikimedia Commons

In a bold move against the Biden administration's recent rules expansion under Title IX, Texas Governor Greg Abbott has directed the Texas Education Agency to essentially turn a blind eye to the new federal protections designed to shield LGBTQ+ students from discrimination. Abbott's mandate refutes the redefinition of sex discrimination to encompass gender identity and sexual orientation, signaling a clash with the White House on the issue of student civil rights.

"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 stated as he voiced his dissent on a social media platform, according to reporting by the Texas Tribune, this announcement marked the beginning of what could be a protracted legal quarrel following Texas Attorney General Ken Paxton's lawsuit aiming to obstruct these very protections. The suit announced on the same day as Abbott's order, has Texas joining the ranks of other Republican-led states in opposing the Biden administration's interpretation of Title IX's scope, which they argue diverges from Congress' initial intent.

The controversy pivots on the Biden administration's decision to interpret the landmark Title IX law in a way that factors in a pivotal 2020 U.S. Supreme Court decision — Bostock v. Clayton County — which recognized Title VII employment protections for gay and transgender individuals. The updated Title IX rules, as explained by the San Antonio Report, also roll back previous requirements for "live hearings" in cases of sexual misconduct on campuses, an aspect of the Trump administration's guidelines that has been notably contentious.

Advocates for the LGBTQ+ community are likely to find Abbott's stance unsettling as it challenges the federal government's attempt to extend anti-discrimination mandates within the sphere of education, the Biden administration preserved elements of the Trump-era framework that allow for informal resolutions and prohibit penalties until investigations are complete despite this, the current tussle represents a significant step back, in the eyes of some, from efforts to broaden civil rights protections to a demographic that has historically navigated through a harrowingly exclusive educational framework.