Texas risks losing billions in federal funds over LGBTQ directive, Democrats say

Democrats warn that Texas could forfeit billions in federal funds due to Abbott’s LGBTQ directive.

Texas colleges and universities face the imminent risk of losing billions in federal funding if they adhere to Governor Greg Abbott’s directive to disregard a new federal rule strengthening nondiscrimination protections for LGBTQ students, according to Democrats who addressed a state education board on Monday.

In a letter of congressional inquiry to Texas’s Higher Education Coordinating Board, which oversees public post-secondary education, four House Democrats from Texas cautioned that public colleges could jeopardize students’ civil rights and forfeit government funding by following Abbott’s orders to ignore amendments to Title IX. This federal civil rights law prohibits sex discrimination in schools and educational programs receiving federal funding and was updated by the Education Department in April to include protections based on sexual orientation and gender identity.

The rule, set to take effect on August 1, has faced temporary injunctions in ten states led by Republicans, including Texas, where Abbott labeled the changes as “illegal” in an April letter to President Biden.

Led by Rep. Jasmine Crockett (D-Texas) and signed by Democratic Reps. Sylvia Garcia, Al Green, and Sheila Jackson Lee, the letter accused Abbott and other officials of using educational institutions as “political pawns.”

“If Texas educational institutions fail to adjust their policies in accordance with the forthcoming Title IX revisions, the consequences would be devastating,” the lawmakers wrote. “Losing billions of dollars of federal funding would prevent institutions from offering scholarships crucial for students to afford and access higher education. Hundreds of thousands of potential Texas students would face a threat to their educational opportunities.”

Democrats argued that failure to comply with the Biden administration’s rule, which also strengthens protections for pregnant students and changes how schools handle sexual misconduct claims, could undermine students’ civil rights. They referenced a recent lawsuit by University of Texas at Austin professors challenging provisions allowing student absences for out-of-state abortions and mandating respect for transgender and gender-nonconforming students’ pronouns.

“A federal judge recently sided with Texas Attorney General Ken Paxton (R) by blocking similar changes proposed by the Biden administration last year,” the letter noted. Despite Title IX being a federal law, enforcement methods vary by administration, impacting schools that receive federal funding.

Efforts by House and Senate Republicans to challenge the rule through disapproval resolutions and lawsuits in numerous Republican-led states remain ongoing, reflecting broader opposition to the Biden administration’s regulatory changes.