By Caitlin Rich
This September, the public comment period on proposed Title IX changes ended. The Department of Education will now consider more than 235,000 comments before issuing their final regulations. Many of the comments concern the rules’ interpretation of “sex-based” discrimination, which the Department has said includes discrimination based on sexual orientation or gender identity. This stance resembles Obama’s 2016 “Dear Colleague Letter on Transgender Students” but possesses greater force given the recent landmark case, Bostock v. Clayton County. Along with the stronger protections in employment, LGBTQIA+ advocates aim for safe educational spaces under Title IX, but the constitutional recognition with the Equal Rights Amendment (ERA) will help solidify it…
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