New Jersey joins fight to defend new rule expanding protections for LGBTQ students

Attorney General Matt Platkin and other attorneys general argued blocked federal rule would not endanger student privacy. (Photo courtesy of New Jersey Attorney General's Office)

New Jersey Attorney General Matt Platkin and attorneys general from 17 other states and the District of Columbia are defending a federal rule that would extend sex discrimination protections in education to cover sexual orientation and gender identity.

In new briefs filed Wednesday, the states pushed to reverse injunctions against the rule issued by federal judges in Louisiana and Kansas, who found the rule exceeded the executive branch’s authority.

“In a free and fair country, all students should be protected from discrimination based on sexual orientation and gender identity,” Platkin said in a statement. “All students deserve and are entitled to protection from harassment and harm in school.”

The Department of Education in April announced changes to Title IX rules that would bar discrimination based on sexual orientation and gender, expanding the 1972 civil rights law beyond strictly sex-based discrimination — and undoing changes made by former Education Secretary Betsy DeVos.

The new provisions would bar discrimination or disparate treatment based on sexual orientation and gender identity in most circumstances, subjecting violators to a loss of federal funds. It would not affect sex-separated living spaces or athletics, which the department said it would address in a separate rules change.

The rule was due to go into effect Aug. 1, but the Louisiana and Kansas judges issued injunctions in July blocking it.

In the amicus briefs, Platkin said the rule provisions allowing students to use certain facilities, like bathrooms, would improve those students’ health and not harm the privacy of others.

“As another school year begins, New Jersey families should know that they will always have the protection of my office when it comes to safeguarding their rights to learn in educational environments free of harassment, threats, bias, and intimidation,” Platkin said.

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