This past Friday, the Department of Education (DOE) unveiled new rules to protect LGBTQ+ students from discrimination in schools under Title IX.
Rep. Marjorie Taylor Greene (R-GA) responded to the news by posting pictures with a collection of bizarre and fringe anti-LGBTQ+ activists, who she referred to as “champions.”
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“The Biden admin is changing the definition of ‘sex’ to mean gender identity taking effect Aug 1,” she incorrectly stated on X. She is referring to new Title IX rules announced by the DOE that ban discrimination against LGBTQ+ students. Title IX bans discrimination “on the basis of sex,” and several courts – including the U.S. Supreme Court – have already accepted the legal argument that such wording can include anti-LGBTQ+ discrimination because it’s impossible to discriminate against LGBTQ+ people without taking sex into account.
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“This is the sign I keep outside my office in Cannon in DC,” she said, sharing a picture of a transphobic sign she put up in response to a Democrat flying a trans flag outside of her office over three years ago. “I’ve had it since 2021!”
“Whether it’s sex of [sic] gender, there are only TWO! MALE and FEMALE! A few champions who agree.”
She then posted pictures of herself with several anti-LGBTQ+ extremists: Chaya Raichik (who goes by Libs of TikTok online), Chloe Cole, and Chris Elston. Raichik’s anti-LGBTQ+ activism – which mostly involves posting content from LGBTQ+ people and allies to her X account and calling them “groomers” – has been linked to bomb threats and has resulted in people being driven from their jobs. Cole is an ex-trans activist; people who detransition because they cease to identify as transgender make up a tiny minority of transgender people but Cole gets a lot of attention in rightwing media to make it seem like there is a large population of ex-trans people. Elston – who goes by “Billboard Chris” online – is known for wearing anti-trans sandwich signs and putting up pro-J.K. Rowling billboards, as well as harassing women who disagree with him.
At least one of the pictures that Greene posted is from her January 2023 anti-trans rally outside the U.S. Capitol that was attended by about a dozen people, including several of the aforementioned anti-trans activists.
The new DOE rules rely on the Supreme Court’s 2020 Bostock v. Clayton County decision, which said that laws forbidding sex-based discrimination include sexual orientation and gender identity. As such, the new rules forbid discriminatory or harassing behavior towards all students, including ones who are pregnant or have terminated a pregnancy.
The rules do not address transgender student-athletes.
Conservatives have spent years fighting the legal argument that anti-LGBTQ+ discrimination necessarily involves sex-based discrimination. In 2017, then-Secretary of Education Betsy DeVos issued guidance to schools saying that Title IX did not protect LGBTQ+ students, shortly after she and Attorney General Jeff Sessions revoked a guidance from the administration of former President Barack Obama that said the opposite.