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Legal Updates - May 2024

There have been a few legal updates impacting LGBTQIA+ individuals, including Title IX, Health and Human Services, and fostering and adoption. Learn more below!


Title IX Finalized Rules Protect LGBTQIA+ Students!

In April 2024, the U.S. Department of Education published a final rule that updates Title IX regulations to clarify legal protections for LGBTQIA + students, survivors of sexual assault, and pregnant and parenting students. These Title IX updates strengthen the legal rights of LGBTQIA+ students to challenge discriminatory practices and encourage school districts to adopt more inclusive policies to ensure compliance with federal law. For the first time, federal regulations explicitly protect students on the basis of their sexual orientation, gender identity, and sex characteristics.

Learn more from GLSEN here.


Health and Human Services Grants Regulation Anti-Discrimination Expansion

"The U.S. Department of Health and Human Services (HHS) Grants Regulation (HHS Grants Rule) Final Rule now protects lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) people by clarifying and reaffirming the prohibition on discrimination on the basis of sex – including sexual orientation and gender identity – in specific health and human services programs, consistent with the Supreme Court decision in Bostock v. Clayton County, 590 U.S. 644 (2020). The final rule confirms these protections in specific HHS programs, including services and grants that provide aid to refugees, early childhood education services, assistance to people experiencing homelessness, substance use disorder (SUD) treatment and prevention, community mental health services, maternal and child health services, and community services."

Learn more here.


Updates on Fostering and Adoption LGBTQIA+ Youth

In addition, "on April 29th, the U.S. Department of Health and Human Services (HHS), through the Administration for Children and Families (ACF), finalized a policy that strengthens protections for youth in foster care by clarifying how states must meet their statutory requirements to appropriately serve LGBTQI+ children in foster care... This final rule makes clear that all children in the child welfare system, including LGBTQI+ children, are entitled to protections against harassment, abuse, and mistreatment, regardless of their placement. Additionally, this final rule specifies that as part of meeting the existing statutory requirement to provide safe and proper care for all children in foster care, state child welfare agencies must ensure that LGBTQI+ children have access to specially designated foster care placements."

Read the full statement here.