In a significant legislative move, Republicans in the House Education and Workforce Committee advanced a resolution to block President Biden's recent expansion of Title IX protections for LGBTQ+ students. This action sets the stage for a potential legislative clash with the Senate and the White House.

Background on Title IX and Biden's Expansion

Title IX, enacted as part of the Education Amendments of 1972, prohibits sex-based discrimination in federally funded education programs and activities. President Biden's administration finalized new regulations in April 2023 to expand these protections to include discrimination based on sexual orientation and gender identity. These changes aim to ensure a more inclusive and supportive environment for LGBTQ+ students, while also addressing sexual harassment, supporting pregnant and parenting students, and bolstering overall protections against sex discrimination.

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Congressional Review Act and Republican Opposition

The House Education and Workforce Committee, led by Republicans, passed a resolution of disapproval invoking the Congressional Review Act (CRA), which allows Congress to overturn federal regulations within 60 days of their finalization. If passed by both the House and Senate, the resolution can block the new Title IX rule, though it remains subject to a presidential veto.

The resolution passed along party lines, reflecting deep partisan divisions. Republicans argue that Biden's Title IX expansion represents an unprecedented redefinition of civil rights law that threatens the rights and opportunities of female students. They claim the new rules would compel schools to allow "biological men" into women's locker rooms and bathrooms, undermining efforts to provide safe educational environments for girls and women.

Key Republican Perspectives

Representative Mary Miller of Illinois, a co-sponsor of the resolution, strongly criticized the Biden administration's Title IX rule. "Joe Biden's Title IX rule is an act of hate. Someone must stand up and say 'enough,'" she declared. Representative Lisa McClain of Michigan echoed these sentiments, emphasizing the need to protect female athletes and preserve the original intent of Title IX. "Our daughters deserve better," McClain stated, accusing President Biden of prioritizing radical agendas over women's rights.

Democratic Defense of the New Title IX Rule

Democrats on the committee defended the new regulations, arguing that they align with the Supreme Court's 2020 decision in Bostock v. Clayton County. This landmark ruling held that discrimination based on sex under Title VII of the Civil Rights Act of 1964 includes discrimination based on sexual orientation or gender identity. Representative Mark Takano of California described the expanded Title IX protections as a necessary response to the hostility and discrimination faced by LGBTQ+ students. He warned that overturning the rule would have "disastrous consequences" for these vulnerable students, particularly during Pride Month.

Judicial Intervention and Future Outlook

Late Thursday evening, a federal judge issued a preliminary injunction blocking the new Title IX regulations from taking effect in Louisiana, Mississippi, Montana, and Idaho. The judge ruled that the Education Department lacked the authority to enact such sweeping changes without clear congressional authorization, citing the major-questions doctrine which demands higher scrutiny for regulations with significant economic and political implications.

Broader Legislative Agenda and Implications

The Title IX resolution was one of nine bills considered during the committee's markup session. Other proposals included new standards for handling antisemitic harassment and preventing student athletes from unionizing. Representative Virginia Foxx, the committee's Republican chair, emphasized the collective aim of these bills to enhance safety, security, and rights for students, parents, and workers.

The House's resolution against the Biden administration's Title IX expansion highlights the ongoing partisan struggle over civil rights protections for LGBTQ+ students. While the resolution is unlikely to pass in the Democrat-controlled Senate, it underscores the broader political and ideological battles shaping the future of education policy in the United States. The outcome of this legislative and judicial conflict will have significant implications for the rights and protections of LGBTQ+ students across the nation.

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