Students cannot be discriminated against based on their sexual orientation or gender identity under Title IX of the Education Amendments of 1972, said the Office for Civil Rights at the Department of Education.
OCR is basing its Notice of Interpretation issued Wednesday about Title IX protections for LGBTQ+ students on the Supreme Court's 2020 decision in Bostock v. Clayton County. That decision concluded that it's impossible to discriminate against a person based on their gender identity or sexual orientation without discriminating against them based on sex, which is prohibited by Title IX.
“The Department of Education strives to provide schools with the support they need to create learning environments that enable all students to succeed, regardless of their gender identity or sexual orientation,” said Suzanne Goldberg, acting assistant secretary for civil rights. “As part of our mission to protect all students’ civil rights, it is essential that OCR acts to eliminate discrimination that targets LGBTQ+ students.”