House Republicans passed a new act which would allow for congressional representatives to stop the enforcement of “major rules,” including Title IX.
“In their relentless campaign to push LGBTQ+ children back into the closet, House Republicans have passed another futile bill that would erase civil rights protections and tie the hands of federal enforcement agencies charged with ensuring safe schools,” said Melanie Willingham-Jaggers, the GLSEN Executive Director. “If the Congressional Review Act resolution becomes law, essential updates to Title IX will be undone, leaving LGBTQ+ youth without vital protections against bullying, harassment & assault.”
The Congressional Review Act (CRA) was formed in response to recent additions to Title IX protections from the U.S. Dept. of Education. The department announced its plan to extend Title IX protections to prohibit discrimination based on sexual orientation and gender identity explicitly, part of which includes allowing trans students to use the bathroom of their gender identity.
Earlier this month, a federal judge struck down recently installed Title IX protections. This temporarily blocked its enforcement across the country and marked a victory for more than a dozen Republican-led states who challenged the rules.
Now, the Republican-majority House of Representatives passed the CRA, which requires all federal agencies to submit a report on each new rule to both houses of Congress, as well as to the U.S. Government Accountability Office’s (GAO) comptroller general for review before the rule can take effect.
“Major rules,” which would include Title IX related amendments, must have a report created and submitted by the GAO to Congress. The report from the GAO would determine if the requesting agency complied with the required procedural steps. Once Congress receives that report, it can determine whether it approves or disapproves the proposed rule. If there’s a consensus in favor of disapprovement, Congress can enact a “resolution of disapproval,” which would make the proposed rule unenforceable.
“Repealing protections for LGBTQ youth, in particular trans youth & those whose safety is compromised on campuses & other spaces is unconscionable & hateful,” said Allen Morris, the National LGBTQ Task Force Policy Director. “Congress must act swiftly to overturn this dangerous ruling & reimplement the protections established by the Biden Administration. We also implore the Senate to hold the line for transgender lives & the larger LGBTQ+ community.
“Now is not the time to fold to political pressure or give extremists a platform for hatred, discrimination & violence to thrive.”