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Feds asked to clarify legal protections for LGBT students

In response to recent attempts of legislatures in states like North Carolina to limit the rights of LGBT people and transgender students, U.S. Sens. Mark R. Warner (D-VA) and Tim Kaine (D-VA), along with 38 Senate Democrats, urged the Department of Education to release comprehensive guidance on the full scope of protections afforded to transgender and gender non-conforming students in our middle schools, high schools, and colleges.

In recent years, both the Department of Education and the Department of Justice have clarified that Title IX – which prohibits any educational institution receiving federal funding from discriminating on the basis of sex – also prohibits discrimination on the basis of gender identity, including in single-sex classrooms and in cases of sexual harassment. In a letter to the Department of Education, the Senators asked for further clarification on what Title IX means for transgender and gender non-conforming students, who continue to face a disproportionate amount of discrimination compared to their peers.

“We strongly believe that it is our responsibility—not just as senators, but as adults—to protect our children and young people, and to help them flourish,” wrote the Senators. “We applaud and thank the Department of Education, as well as the Department of Justice, for sharing that goal, and for their commitment to equality and work in support of LGBT students. We respectfully request that the Department complete that work by issuing clear, comprehensive guidance.”

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