The Obama administration will expand the Gay Agenda by arguing in a court case that the 1972 Title IX legislation, which has since changed virtually every aspect of American public schools, covers discrimination against students suffering from gender confusion, including cross-dressing and transgenderism, or claiming any sexually deviant behavior.
Title IX preamble: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance.”
UPDATE 4/30/14: President Obama Edicts Gay Agenda (see updated article below)
UPDATE 6/5/13: Senate Codifies Gay Agenda in School Reform Bill
-- From "Gay NY teen's harassment suit gets federal notice" by Michael Hill, The Associated Press 2/4/10
The bullying by classmates and taunts of "homo" only got worse after Jacob began dyeing his hair and wearing eyeliner in eighth grade.
The response by the Mohawk Central School District, according to a federal lawsuit, was to do "virtually nothing."
The idea of a lawsuit came from someone at a support group Jacob attended, and the NYCLU sued in August. The Department of Justice asked to intervene last month, noting the suit's claims that Jacob was denied equal protections guaranteed in the Constitution and under Title IX, the antidiscrimination law affecting schools that receive federal funding.
Justice officials say it's the first time since 2000 that they have argued that Title IX, the antidiscrimination law affecting schools that receive federal funding, covers sex discrimination based on gender stereotypes - such as when a boy does not act or look stereotypically male.
Mohawk School Superintendent Joyce Caputo said the district denies allegations in the lawsuit, but she stressed they are working with the NYCLU and the Justice Department to settle the suit in a way that benefits everyone.
The lawsuit claims the principal and other district officials did not follow their own anti-harassment policies. Teachers blocked him from going to a "safe room" set up for him. One teacher told him he should be ashamed of himself for being gay, according to court papers.
. . . gay rights supporters saw [the Fed's] involvement as evidence of a strengthened commitment under the Obama administration to the rights of people who are gay or who do not conform to gender stereotypes.
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UPDATE 4/30/14: From "Transgender students protected under Title IX, DOE says" by Emma Margolin, MSNBC
“Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation,” reads the 46-page document [from Department of Education’s Office for Civil Rights]. “Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations. Indeed, lesbian, gay, bisexual, and transgender (LGBT) youth report high rates of sexual harassment and sexual violence. A school should investigate and resolve allegations of sexual violence regarding LGBT students using the same procedures and standards that it uses in all complaints involving sexual violence.”
Though aimed at clarifying how Title IX relates to sexual violence, the guidance carries far broader implications. LGBT advocates note that transgender students will not just be explicitly protected from physical or sexual abuse under Title IX, but from all forms of discrimination in education.
The Department of Education’s guidance builds off numerous court decisions and a 2012 opinion by the Equal Employment Opportunity Commission (EEOC) that gender identity discrimination falls under sex discrimination, which is barred by Title VII of the 1964 Civil Rights Act. Two other areas of federal law that explicitly protect individuals on the basis of gender identity and sexual orientation include hate crime legislation (the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act) and domestic violence legislation (the Violence Against Women ACT.)
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