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WASHINGTON, DC — Today, Rep. Mark Pocan, Chair of the Congressional Equality Caucus, released the following statement after the House passed H.J.Res. 165, a resolution to repeal President Biden’s final Title IX rule:
“Republicans’ obsession with attacking the LGBTQI+ community—especially the transgender community—knows no bounds,” said Rep. Mark Pocan (WI-02), Chair of the Congressional Equality Caucus. “Republicans’ vote to reverse President Biden’s historic Title IX rule was a vote to undermine the Department of Education’s ability to protect LGBTQI+, pregnant, and parenting students from discrimination and support survivors of sexual violence. It seems the bullies have left the schoolyard, because they’re walking the halls of Congress now.”
BACKGROUND
Today, the House of Representatives passed H.J.Res. 165, a resolution introduced by Rep. Mary Miller (IL-15) to use the Congressional Review Act to repeal President Biden’s new Title IX rule, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.” If the repeal were successful, the Title IX regulations would revert to those issued by President Trump’s Secretary of Education, Betsy DeVos, in 2020, and future administrations would be blocked from ever issuing a rule that was “substantially the same” as the Biden Administration rule.
The Department of Education’s final Title IX rule—which this resolution seeks to repeal—explicitly clarifies that Title IX’s prohibition on discrimination on the basis of sex includes discrimination on the basis of sexual orientation, gender identity, sex characteristics, and sex stereotypes, as well as pregnancy or related conditions. The rule also makes clear that sex-based harassment includes sexual harassment and harassment based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity, that is quid pro quo harassment, hostile environment harassment, or sexual assault, dating violence, domestic violence, or stalking. In addition, the rule provides greater clarity about discrimination against pregnant and parenting students and makes significant changes to ensure schools are properly addressing sex-based harassment, including sexual violence. Although sexual violence affects people of all identities, federal data shows that LGBQ+ youth and trans youth are more likely to have experienced sexual violence than their straight and cisgender counterparts.
The final rule is available in the Federal Register.
A fact sheet on the rule from the Department of Education is available here.
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