Democrats warn ignoring Title IX protections for LGBTQ+ students could cost Texas colleges billions

Texas Democratic lawmakers sent a letter of congressional inquiry to the Texas Higher Education Coordinating Board on Monday, cautioning public colleges about the potential loss of federal funding if they adhere to Republican Governor Greg Abbott’s recent directive to disregard updated language in Title IX regulations.

Title IX, a civil rights law established in 1972, prohibits sex-based discrimination in federally funded schools and educational programs. New regulations slated to take effect on August 1 explicitly extend protections against discrimination based on sexual orientation or gender identity. Under these updates, LGBTQ+ students have the right to seek redress from their school if they face discrimination; failure by the institution to respond adequately allows the student to pursue remedies at the federal level.

In their letter to the THECB, lawmakers argued that Abbott’s directive “not only undermines the civil rights protections of students and faculty members but also places these institutions at risk of losing billions of dollars in federal funding at the start of the new academic year.” They further warned of dire consequences, stating that compliance with the governor’s order would impair institutions’ ability to offer scholarships critical for students to afford and access higher education.

A statement from Governor Abbott’s office reiterated his stance, emphasizing his previous communication to Texas public university systems and community colleges that the state would not adhere to President Joe Biden’s revisions to Title IX, which Abbott contends contradict the law’s original intent of advancing women’s rights.

Dallas Congresswoman Jasmine Crockett (D-Dist. 30) led the letter to the THECB, co-signed by other Texas Democrats including Al Green, Sylvia Garcia, and Sheila Jackson Lee. The letter reminded the committee of its responsibility as a body that regularly interacts with the federal government for funding, stressing that educational institutions must comply with all federal laws to receive federal funds, irrespective of the governor’s stance.

The letter coincided with a ruling by a Kentucky judge on the same day, blocking the implementation of the updated Title IX language in six states, posing another hurdle to the Biden administration’s efforts to expand protections for LGBTQ+ students. This decision followed a North Texas judge’s ruling a week earlier, which invalidated Title IX guidance in a lawsuit filed by Texas Attorney General Ken Paxton.

Paxton argued that the new federal regulations would compel schools to allow individuals into spaces based on their self-declared gender identity, prompting his lawsuit against the Biden administration in April. These legal challenges underscore ongoing political and legal battles over LGBTQ+ rights in education across various states.