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Education Dept. scraps Biden-era Title IX rule, restores sex-based protections

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Male and female; pixelshot/Canva Pro

Decision protects athletic opportunities for women

The U.S. Department of Education officially rolled back a Biden-era Title IX rule that had redefined sex discrimination to include gender identity and sexual orientation, restoring traditional sex-based protections in schools.

“Today’s action officially reinstates the first Trump Administration’s 2020 Title IX rule in the Code of Federal Regulations, providing clear guidance for parents, students, and educational institutions on the legal requirements of Title IX,” the Education Department stated in a Monday news release. 

The release notes that the Biden administration’s Title IX rule was blocked by multiple injunctions and ultimately vacated by federal courts. This allowed the Trump administration to “issue a final regulation restoring the prior text,” it states. 

U.S. Secretary of Education Linda McMahon said the decision “reflects court orders and Congressional intent—reducing confusion for parents, students, and educational institutions.”

“We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” she said. 

Some groups have criticized the department for making the move without allowing for public comment, according to Higher Ed Dive. 

“The National Women’s Law Center, a Title IX and LGBTQ+ advocacy group, said the 2020 rule being enforced by the current administration ‘significantly weakens’ protections for sexual harassment and assault survivors,” the outlet reported. 

On the other hand, House Education and Workforce Committee Chairman Tim Walberg praised the decision, calling it legally sound and a victory for women’s rights. 

The department’s move also aligns with broader judicial rulings.

In a June decision, the U.S. Supreme Court ruled that states may ban male athletes who identify as female from women’s and girls’ sports, The College Fix previously reported. 

“The term ‘sex’ in Title IX, the Javits Amendment, and the Title IX regulations cannot plausibly be interpreted to refer to anything other than biological sex,” the ruling states. 

“The ordinary meaning of the term ‘sex’ at the time of enactment in the early 1970s was biological sex and not gender identity, particularly in the sports context,” it states. 

Meanwhile, the Education Department is conducting several Title IX investigations into schools that allegedly allow men to compete in women’s sports. These include the California Community College Athletic Association, The New Richmond School, and Western Carolina University, according to the department’s news release.

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