The proposed rule, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," is meant to advance the administration's priorities on "Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation" and "Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity," according to its abstract, but the final text has not yet been released.

Politico reports that it is "expected to unravel" Trump-era rules that "narrowed the definition of sexual harassment and directed schools to conduct live hearings with cross-examination for sexual misconduct investigations." A previous draft proposed by US Secretary of Education Miguel Cardona would ban "all forms of sex discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity."

"The Biden-Harris Administration is committed to ensuring all students are guaranteed an educational environment free from discrimination on the basis of sex," a DOE spokesperson said. "The Department of Education has taken the next step to advance a rule, first proposed in 2022, that strengthens protections for students from sexual harassment and for LGBTQI+ students."

Writing at The Federalist, Mountain States Legal Foundation attorney William Trachman warns about the ramifications of "suggest[ing that] schools must accept, validate, and accommodate every student's self-proclaimed gender identity and sexual orientation, or else be adjudicated to have violated federal civil rights laws."

"Consider some potential effects," he explains. "Students who insist they are neither male nor female might demand that a university build a separate dormitory for each unique gender identity, in addition to the male and female dormitories that are already established, to ensure ‘equal' access for all. Some students who identify as gender-fluid might insist on moving back and forth between facilities"... Subscribe for free to Breaking Christian News here

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