At a Senate subcommittee hearing Tuesday, Department of Education Secretary Miguel Cardona said new Title IX regulations were meant to protect all students who have been historically marginalized.
Earlier in the month, the Department of Education unveiled its new Title IX regulations, which expanded the definition of sex-based discrimination to include "gender identity." Many states have issued laws preventing transgender students from using school bathrooms or participating in sports that align with their gender identity as opposed to their biological sex.
The Education secretary was at the hearing to discuss the department's 2025 fiscal year budget request.
Cardona was grilled by Sen. Cindy Hyde-Smith, R-Miss., who demanded to know how the new regulations would impact biological women if transgender women were allowed to use women's restrooms and locker rooms.
"It is the role of educators to make sure students have the safety and privacy they need," Cardona said. "We cannot pick which students we want to protect. All students deserve protection in our schools. This new Title IX rule ensures all students, including our LGBTQI students, are protected."
Hyde-Smith asked if a biological male in a locker room with biological women was a safe space for young girls. Cardona said just because she does not recognize students who are transgender, does not mean he does not protect them.
"Biological males going into a girls locker room, you have no problem with that whatsoever," Hyde-Smith said. "You consider them safe in all circumstances."
Cardona said she was trying to create division and his goal was to protect all students and give them all the same opportunities.
"We cannot pick which students we want to protect," Cardona said. "Schools make rules on how to make sure students are safe and have privacy in our schools. The Title IX rules just reinforce the work they have to do protect students who are LGBTQ who have unfortunately historically in our country been under attack."
Hyde-Smith agreed all students should be safe, but questioned whether girls are safe in a dressing room with a biological male who identifies as a woman.
"We want all students safe," Hyde-Smith said. "Your position is that they still have the safe spaces they deserve when biological girls are undressing."