The new rules come as a result of the Biden administration’s assertion back in 2021 that sex-based protections under Title IX also cover a person’s gender identity and sexual orientation. In 2022, the administration first proposed updated rules reflecting that position, but those changes have since been held up for nearly two years — in part due to an injunction from a federal judge, which blocked implementation of the updated guidelines in 20 states, as well as the over 240,000 public comments received regarding the proposals.
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