As LGBTQ+ families face the challenges of a new administration, Alex Martinez, our Director of Education Law and Policy, sheds light on the evolving landscape of protections for LGBTQ+ families in educational settings. This update serves as a resource for advocates striving for safer, more inclusive schooling for their children.
With the new administration’s arrival, there have been unsettling attempts to weaken protections for LGBTQI+ students and families. Title IX, a pivotal federal law designed to protect our rights, is now under scrutiny, leaving many parents and educators anxious about how to safeguard their loved ones. Despite these disheartening developments, knowledge is power. Below, I aim to clarify the current situation for LGBTQI+ families and reassure you that you’re not alone in this journey.
Emerging Challenges to LGBTQ+ Protections in Schools
What is Title IX?
Title IX is a federal civil rights law established in 1972 as part of the Education Amendments. It prohibits sex-based discrimination in any educational institution—public or private—that receives federal funding. Notably, religious schools can apply for exemptions.
Erosion of LGBTQ+ Protections in Schools
In April 2024, the Department of Education expanded Title IX regulations to protect individuals from discrimination based on sexual orientation, gender identity, and sex characteristics, including intersex individuals. However, in January 2025, a federal court in Kentucky halted these new protections. With the administration’s recent actions, including a “Dear Colleague” letter from the Department of Education, it is evident that the current leadership intends to remove explicit protections for LGBTQI+ individuals from Title IX.
Nonetheless, Title IX remains in effect, safeguarding students against sexual harassment and sex-based discrimination. The unfortunate reality is that enforcement of these protections for our community will be deprioritized.
The administration has also taken further steps affecting our schools. They have omitted references to LGBTQI+ protections from their official sites and issued an executive order preventing the Department of Education from investigating discriminatory book bans. This order dismisses the significant concerns surrounding book bans, despite over 16,000 instances documented since 2021, many of which focus on race and LGBTQI+ issues.
What’s Next?
It’s crucial to remember that Title IX is still legally binding, and schools have responsibilities under this law. When you report a potential Title IX violation, schools must investigate and offer supportive measures, regardless of the circumstances. Reporting every instance of anti-LGBTQI+ harassment or discrimination to the principal or Title IX coordinator is essential; learn more about how to file a federal Title IX complaint.
Additionally, Title IX isn’t the only avenue for protection. Your state or school district likely has its own policies addressing bullying, harassment, and discrimination separate from Title IX, and many states have enacted specific protections for LGBTQI+ students.
You can advocate for your family in more personal ways, such as engaging directly with teachers or getting involved in community initiatives. If you’re an LGBTQI+ parent striving to foster a more supportive environment for your children, consider resources like Advocating for Your Family in the Classroom: Starting the Conversation and Creating Safe LGBTQ+ Spaces In and Out of the Classroom.
Lastly, know that our organization stands with you. We provide resources and up-to-date information about laws like Title IX, and our team is always available to offer guidance or connect you with local resources.
The upcoming years may be challenging. I empathize with the children who may have to mature faster than they should due to politicization of their existence, and with parents who will need to fight more fiercely to protect their kids. However, we have a legacy of forty-five years behind us. Together with our partners, we will continue to advocate for the rights and dignity of all families.
Summary
In the face of a new administration, LGBTQ+ families encounter significant challenges regarding Title IX protections in schools. Despite recent setbacks, Title IX remains a critical tool, and there are other avenues for safeguarding against discrimination. Parents can take proactive steps to advocate for their children and access a variety of resources. Together, we will persist in our fight for equality and inclusivity.