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Biden administration proposes expanded LGBTQ student protections

Education Secretary Miguel Cardona made announcement on Thursday

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Secretary of Education Miguel Cardona (Photo public domain)

The Biden administration announced that it is proposing overhauling provisions of rules and guidance expanding Title IX protections for LGBTQ students, a dramatic overhaul of campus sexual assault rules, and bolstering rules governing colleges’ responsibilities in addressing sexual misconduct.

In making the announcement for the proposed changes on Thursday, Education Secretary Miguel Cardona said, ā€œAs we celebrate the 50th anniversary of this landmark law, our proposed changes will allow us to continue that progress and ensure all our nationā€™s students ā€” no matter where they live, who they are, or whom they love ā€” can learn, grow, and thrive in school.ā€

In the previous Trump administration, then-Education Secretary Betsy DeVos had issued a controversial new policy in May 2020 that created new rules mandating how schools and universities responded to complaints of sexual misconduct and bolstered the rights of the accused and narrowing the scope of cases colleges are required to investigate.

The Associated Press had reported under the new rules, the definition of sexual harassment is narrowed to include ā€œunwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensiveā€ that it denies a person access to a schoolā€™s education programs or activity.

The rules received pushback from opponents including the National Womenā€™s Law Center.

ā€œWe refuse to go back to the days when rape and harassment in schools were ignored and swept under the rug,ā€ Fatima Goss Graves, the groupā€™s president and CEO told the Associated Press. ā€œWe wonā€™t let DeVos succeed in requiring schools to be complicit in harassment, turning Title IX from a law that protects all students into a law that protects abusers and harassers.ā€

The proposed regulations would:

  • Clearly protect students and employees from all forms of sex discrimination.
  • Provide full protection from sex-based harassment.
  • Protect the right of parents and guardians to support their elementary and secondary school children.
  • Require schools to take prompt and effective action to end any sex discrimination in their education programs or activities ā€“ and to prevent its recurrence and remedy its effects.
  • Protect students and employees who are pregnant or have pregnancy-related conditions.
  • Require schools to respond promptly to all complaints of sex discrimination with a fair and reliable process that includes trained, unbiased decisionmakers to evaluate the evidence.
  • Require schools to provide supportive measures to students and employees affected by conduct that may constitute sex discrimination, including students who have brought complaints or been accused of sex-based harassment.
  • Protect LGBTQI+ students from discrimination based on sexual orientation, gender identity, and sex characteristics.
  • Clarify and confirm protection from retaliation for students, employees, and others who exercise their Title IX rights.
  • Improve the adaptability of the regulations’ grievance procedure requirements so that all recipients can implement Title IX’s promise of nondiscrimination fully and fairly in their educational environments.
  • Ensure that schools share their nondiscrimination policies with all students, employees, and other participants in their education programs or activities.

A press release from the Cardona’s office, spelled out that the proposed regulations will advance Title IX’s goal of ensuring that no person experiences sex discrimination, sex-based harassment, or sexual violence in education.

As the U.S. Supreme Court wrote in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), it is “impossible to discriminate against a person” on the basis of sexual orientation or gender identity without “discriminating against that individual based on sex.”

The regulations will require that all students receive appropriate supports in accessing all aspects of education. They will strengthen protections for LGBTQI+ students who face discrimination based on sexual orientation or gender identity. And they will require that school procedures for complaints of sex discrimination, including sexual violence and other sex-based harassment, are fair to all involved.

The new rules proposal is almost certain to be challenged by the right-wing and it is expected to lead to new legal fights over the rights of trans students in schools and universities, especially in sports.”

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The White House

White House responds to Pride flag ban in spending bill

Nearly 50 anti-LGBTQ riders defeated in government funding package

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Cuba, Pride flag, gay news, U.S. Embassy, Washington Blade
The Pride flag flies in front of the U.S. Embassy in Cuba in 2016. (Photo courtesy of the U.S. Embassy in Cuba)

The White House issued a statement reacting to an anti-LGBTQ provision in the omnibus spending appropriations bill signed by President Joe Biden on Saturday.

Nearly 50 anti-LGBTQ riders were defeated that Republicans had tried to force into the government funding bill, however, the provision to ban the display of Pride flag at U.S. embassies and diplomatic missions made it into the final version.

ā€œPresident Biden believes it was inappropriate to abuse the process that was essential to keep the government open by including this policy targeting LGBTQI+ Americans. While it will have no impact on the ability of members of the LGBTQI+ community to serve openly in our embassies or to celebrate Pride, the administration fought against the inclusion of this policy and we will continue to work with members of Congress to find an opportunity to repeal it,ā€ the White House statement read. ā€œWe were successful in defeating 50+ other policy riders attacking the LGBTQI+ community that Congressional Republicans attempted to insert into the legislation. President Biden is committed to fighting for LGBTQI+ equality at home and abroad.ā€

On Saturday the White House released a signing statement from the president which read:

ā€œThe bipartisan funding bill I just signed keeps the government open, invests in the American people and strengthens our economy and national security. This agreement represents a compromise, which means neither side got everything it wanted. But it rejects extreme cuts from House Republicans and expands access to child care, invests in cancer research, funds mental health and substance use care, advances American leadership abroad and provides resources to secure the border that my administration successfully fought to include. Thatā€™s good news for the American people.

But I want to be clear: Congressā€™s work isnā€™t finished. The House must pass the bipartisan national security supplemental to advance our national security interests. And Congress must pass the bipartisan border security agreement ā€” the toughest and fairest reforms in decades ā€” to ensure we have the policies and funding needed to secure the border. Itā€™s time to get this done.ā€

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Biden ‘heartbroken’ over death of Nex Benedict

‘Nonbinary and transgender people are some of the bravest Americans I know’

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President Joe Biden at the White House Pride month reception on June 10, 2023. (Washington Blade photo by Christopher Kane)

President Joe Biden issued a statement on Thursday about the death of Nex Benedict, the trans-nonbinary Oklahoma teen whose death last month after enduring months of bullying sparked national conversations about anti-LGBTQ discrimination in the state and across the country.

The results of an autopsy report released on Wednesday showed Benedict had died after ingesting diphenhydramine, an antihistimine with brand names including Benadryl, and fluoxetine (Prozac), a selective serotonin reuptake inhibitor often used to treat depression.

The president’s statement reads:

“Jill and I are heartbroken by the recent loss of Nex Benedict. Every young person deserves to have the fundamental right and freedom to be who they are, and feel safe and supported at school and in their communities. Nex Benedict, a kid who just wanted to be accepted, should still be here with us today. 

“Nonbinary and transgender people are some of the bravest Americans I know. But nobody should have to be brave just to be themselves. In memory of Nex, we must all recommit to our work to end discrimination and address the suicide crisis impacting too many nonbinary and transgender children. Bullying is hurtful and cruel, and no one should face the bullying that Nex did. Parents and schools must take reports of bullying seriously. My prayers are with Nexā€™s family, friends, and all who loved them ā€“ and to all LGBTQI+ Americans for whom this tragedy feels so personal, know this: I will always have your back.

“To LGBTQI+ young people across the country ā€“ you are loved exactly as you are. If youā€™re feeling overwhelmed or alone, you can call or text 988, the National Crisis Hotline, and dial the number ā€˜3ā€™ to talk to a counselor who has been specifically trained to support LGBTQI+ youth.”

In late February, White House Press Secretary Karine Jean-Pierre began a press briefing by acknowledging Benedict’s death, telling reporters ā€œOur hearts are with Nex Benedictā€™s family, friends, entire school community in the wake of this horrific and gut wrenching tragedy.ā€

Earlier, Vice President Kamala Harris, Speaker Emerita Nancy Pelosi (D-Calif.), U.S. Rep. Mark Pocan (D-Wis.) and Jean-Pierre issued statements on X, formerly Twitter, about the teen’s passing.

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White House press secretary honors David Mixner

Prominent activist died on Monday

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White House Press Secretary Karine Jean-Pierre on March 12, 2024 (Washington Blade photo by Christopher Kane)

During a press briefing on Tuesday, White House Press Secretary Karine Jean-Pierre honored the passing of celebrated LGBTQ activist and author David Mixner, which was announced on his personal Facebook page late Monday.

His “moral clarity never wavered,” she said, “which is why he became such an invaluable confidant for so many, including presidential hopefuls, elected leaders and voices of the movement for LGBTQ+ equality.”

Jean-Pierre continued, “Perhaps most importantly, he was deeply dedicated to mentoring the next generation of LGBTQ+ leaders fighting to create a better world,” adding, “those of us doing this work today, including myself, owe him a debt of gratitude.”

Serving since May 2022, Jean-Pierre is the first Black and the first openly-LGBTQ White House press secretary.

Mixner, who reportedly passed from long COVID-19, first rose to prominence as an anti-Vietnam War activist. He became known as a political strategist who was close with former President Bill Clinton ā€” and convinced him to address a gay and lesbian audience in 1992, becoming the first major presidential candidate to do so.

From his work securing then-California Gov. Ronald Reagan’s opposition to a measure banning gay schoolteachers to his activism over HIV/AIDS ā€” and issues from nuclear disarmament to “Don’t Ask, Don’t Tell’ ā€” Mixner’s influence spanned decades.

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