GOPRIDE.COM

LGBTQ persons declared not protected by Title IX law

Wed. September 30, 2026

News column by Gerald Farinas. Opinions are not necessarily those of GoPride.com.

CHICAGO, ILL. - If you've spent any time tracking how schools handle fairness, you know the saga of Title IX just keeps going and going. It's formally called the Patsy Takemoto Mink Equal Opportunity in Education Act, named after one of my absolute favorite women's rights champs in history. Back in 1972, that law was meant to guarantee that nobody gets shut out or discriminated against based on sex in any school program getting federal cash. But man, arguing over what that one little word "sex" actually means has been the ultimate battleground for civil rights for decades.



This past week, that battleground shifted right back to where it was. According to reporting from outlets like EdWeek and the Daily Bruin, the U.S. Department of Education officially scrapped the Biden administration's 2024 rules. Those rules had clearly spelled out that sex-based discrimination covers sexual orientation and gender identity, too. In their place, with Secretary of Education Linda McMahon making the call, the department brought back the framework from the 2020 Trump administration, sticking to a strict biological definition of sex.



Now, if you're wondering what this means for day-to-day operations at local schools, it doesn't flip everything upside down overnight. Legal experts point out, and outlets like EdWeek note, that federal courts had already blocked and tossed out the Biden-era rules anyway. Schools have basically been running under that 2020 standard for months. This latest move just makes it official in the Federal Register.



Naturally, folks are split right down the middle. Conservative leaders and legal groups are cheering, saying it brings clarity and matches up with biological reality. But civil rights groups are furious, and they're right to be. They're pointing out that stripping out that explicit language leaves vulnerable LGBTQ kids totally exposed to harassment and discrimination without any backup from Washington.

This is just another example of the cruelty of the Trump administration, designed to render the LGBTQ community as persona non grata throughout society. Yanking away federal protections doesn't make anyone safer; it just sends a cold, mean-spirited message to kids who are already dealing with enough just trying to get through the school day.

Patsy Mink, the late congresswoman from Hawaii who was sent home as a youth from a medical school because they didn't realize she was a woman, fought hard to bust open doors that had been bolted shut against discrimination because she believed education shouldn't be compromised for anyone. As we stare down yet another chapter for this landmark law, the real question is whether our schools can still find a way to offer a fair shot and equal protection to every single kid who walks through the front doors.

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