07.10.24

What People Are *Actually* Saying About Extreme Republicans’ Attack on Young Women, Girls, LGBTQIA+ Students, and Sexual Assault Survivors

WASHINGTONToday, the House of Representatives will consider, H.J. Res. 165, extreme legislation that further stokes culture wars in public education, undermines protections for young women and girls, and perpetuates more attacks on vulnerable LGBTQIA+ youth. Here is what advocates and experts are saying:

American Civil Liberties Union: “The ACLU urges a NO vote on H.J. Res. 165, ‘Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to ‘Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.’’ Not only would this Congressional Review Act (CRA) resolution completely repeal the final rule issued by the U.S. Department of Education in April governing schools’ obligations to guarantee that all students, including survivors of sexual harassment, LGBTQ students, and pregnant and parenting students, have full and equal access to educational opportunities regardless of sex, it would also prevent this or any future administration from issuing a rule that is “substantially the same.”

American Library Association: “The 2024 Title IX rule applies the logic of the Supreme Court’s recent ruling in Bostock v. Clayton County to clarify that Title IX prohibits discrimination based on sexual orientation or gender identity. By doing so, the rule affirms that recipients of Education Department funding may not discriminate against LGBTQI+ library workers or students in employment opportunities or the delivery of library services, including discriminatory book bans or censorship. All Americans deserve equal opportunity in education, employment, and the freedom to read. We urge Congress to uphold civil rights by rejecting H.J.Res. 165 and S.J.Res. 96.”

Consortium for Constituents with Disabilities: “The Consortium for Constituents with Disabilities (CCD) Education Task Force and Rights Task Force are writing to oppose House Joint Resolution (H.J. Res) 165 which intends to negate the rule submitted by the Department of Education (ED) relating to ‘Nondiscrimination based on Sex in Education Programs or Activities Receiving Federal Financial Assistance’ (known as Title IX). As finalized by ED, the Title IX regulation includes important provisions that positively impact and support all K-16 students with disabilities, including those who identify as Black, Indigenous, or People of Color (BIPOC) and/or may also identify as LGBTQI+. We therefore urge members of the Education and Workforce Committee to vote ‘no’ if H.J. Res. 165 is brought before the Committee.”

Gender Justice: “Every student deserves to have an education free from discrimination and harassment, including on the basis of sex. We urge you to oppose H.Res.165, and any efforts to undermine this milestone rule that ensures equal educational opportunity for LGBTQI+ students, survivors of sexual assault and harassment, and pregnant and parenting students.”

National Education Association: “H.J. Res. 165 would undo the recent Title IX rule protecting LGBTQI+ students, survivors of sexual violence or harassment, and students who are pregnant or parents. It must be rejected because it would undercut the U.S. Department of Education’s recently finalized rule reinforcing and restoring Title IX’s protections, which are meant to ensure that every student has the right to a safe and welcoming learning environment, free from sex discrimination.”

Third Way: “House Republicans have decided this is the week to gut protections against discrimination in education for women, LGBT people, and sexual assault survivors, in a cruel attempt to rewind the clock to the Betsy DeVos era. President Biden’s Title IX rule rolls back harmful DeVos provisions that narrowed the definition of sexual harassment and required sexual assault survivors to attend live hearings with their attacker, which has made them less likely to come forward, report, testify, and get justice. Due to the nature of Congressional Review Act votes, if President Biden’s Title IX rule were blocked, no administration would be able to reissue these or similar protections in the future—leaving Americans subject to discrimination, harassment, and assault in K12 schools and colleges from coast to coast with little recourse. All students deserve to learn in a welcoming and safe environment, no matter who they are. Republicans’ Title IX CRA resolution would make students less safe.”

White House: “The Department’s rule is critical to ensuring that no person experiences sex discrimination at school. The rule provides protection from sex-based harassment, including sexual violence; promotes accountability and fundamental fairness through a fair, transparent, and reliable process; and ensures that students, employees, and families understand their rights and that institutions know their responsibilities. The rule also advances educational equity by requiring schools that have knowledge of possible sex discrimination in their education programs or activities to take prompt and effective action to end the sex discrimination, prevent its recurrence, and remedy its effects. Passage of H.J. Res. 165 would eliminate these critical protections that keep students safe and able to realize their full potential.”

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