Federal Title IX law could recognize Bay Area’s LGBTQ community for first time under Biden Administration’s proposals

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The law adds transgender students as a protected class; doesn’t address transgender and non-binary inclusion in sports

In the days since the Biden administration announced plans to expand Title IX’s federal protection to include sexual orientation and gender identity for the first time, local advocates and allies of the Bay Area’s young LGBTQ+ community are preparing to push for even more.

Emma Grasso-Levine, Oakland-based manager of the national group Advocate for Youth’s Know Your IX, said the rule revisions make it clear that transgender and nonbinary students “can’t be singled out from school-related facilities, or excluded for who they are.” But she’s disappointed to see the proposal fails to address protections for trans student-athletes or religious exemptions.

Conservatives and Republican lawmakers, many of whom praised Trump-era rule changes to Title IX that strengthened protections for people accused of sexual violence or discrimination, have largely contested the Biden proposal, which instead strengthens protections for the alleged victims. “I don’t know of anyone that would use that reason to get ahead in sports,” Nunez said. “Who you are is who you should be allowed to participate as – as it would be in any educational endeavor or job opportunity. To say one could get a trophy easier makes no sense to me.”

Antolovich said even though people in Santa Clara County feel safer because most local and state elected officials are supportive of LGBTQ rights, the added protection of the federal government, especially for nonbinary and transgender kids, is monumental.

 

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