Notes on taxpayer funded rule making and litigation, title IX edition

Rich Kremer:

The Universities of Wisconsin is suspending work on required changes to campus Title IX sex discrimination rules after a federal judge in Kansas blocked President Joe Biden’s administration from expanding the definition of sex discrimination to include gender identity. 

Attorneys and Title IX coordinators with the Universities of Wisconsin administration office have been working since April to bring Wisconsin’s campuses into compliance with federal changes to Title IX regulations that were announced by Biden’s U.S. Department of Education that month.

One of the most contentious changes to the federal rules is an expansion of Title IX protections against discrimination of students and employees who are pregnant, gay or transgender. When it was announced, the change was supported by LGBTQ groups like GLAAD, which called it “a huge step forward to ensure all young people can thrive at school” in a social media post. The organization also said there was still more to do, noting the new regulations did not address transgender athletes.

“Trans students who want to play sports should have the same opportunities to do so as all students,” the post said. “GLAAD will continue advocating for fairness and equal access for all, including trans youth.”