The
Department of Justice and the Department of Education today withdrew guidance
for educational institutions, issued in 2015 and 2016, that took the position
that the prohibitions in Title IX of the Education Amendments of 1972 and
implementing regulations against discrimination on the basis of sex require
access to sex-segregated facilities on the basis of gender identity rather than
biological sex. Attorney General Jeff Sessions issued the following
statement:
“The Department of Justice has a duty to enforce the
law. The prior guidance documents did not contain sufficient legal analysis or
explain how the interpretation was consistent with the language of Title IX.
The Department of Education and the Department of Justice therefore have
withdrawn the guidance. Congress, state legislatures, and local
governments are in a position to adopt appropriate policies or laws addressing
this issue. The Department of Justice remains committed to the proper
interpretation and enforcement of Title IX and to its protections for all
students, including LGBTQ students, from discrimination, bullying, and
harassment.”
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