The Joe Biden administration unveiled the so-called ‘Title 9′ amendment on the 19th to protect sexual minority students. Title 9, which was first enacted in the United States in 1972, is considered one of the key laws for protecting student human rights.
The amendment dramatically strengthened the protection of students’ human rights in areas such as gender discrimination, which had largely retreated under former President Donald Trump. The Federal Ministry of Education explained that the amendment focuses on providing guidelines for schools to effectively respond to all types of gender discrimination beyond sexual harassment.
It stipulated that the definition of gender discrimination include sexual orientation and gender identity, and that the 2020 Supreme Court ruling prohibiting discrimination against transgender employees was applied to educational settings. As a result, some Republican-leaning state laws that prohibit transgender students from using restrooms and shower facilities consistent with their sexual orientation are expected to be nullified.
Some room was left regarding the issue of transgender athletes participating in competitions, which was one of the key issues. The amendment basically prohibited schools from adopting policies that exclude transgender athletes, but allowed high schools and colleges to place restrictions on how transgender student-athletes play.
The revised bill also eased the proof of gender discrimination damage from presenting ‘clear and certain’ evidence to ‘preponderant’ evidence, and established protection regulations for pregnant faculty and students, such as provision of student breastfeeding facilities.