The Biden administration made significant changes to Title IX rules on Friday, broadening the definition of sex to include transgender individuals.
These updates, focused on the sexual harassment and discrimination aspects of Title IX, aim to enhance protections for LGBTQ+ and pregnant students while revamping guidelines established during the Trump administration concerning the handling of sexual assault cases, as reported by CNN. The revised regulations are slated to go into effect on August 1.
Title IX, enacted in 1972, prohibits sex-based discrimination in educational institutions that receive federal funding.
However, the administration opted not to address whether transgender students should be allowed to participate in sports teams consistent with their gender identity, according to The New York Times. This issue will undergo an open rulemaking process, with finalized regulations not expected until after the 2024 election, as noted by the Washington Examiner.
The updated rules align with the Supreme Court’s 2020 Bostock v. Clayton County ruling, wherein Justice Neil Gorsuch, appointed by Trump, interpreted “sex” in federal discrimination law to encompass transgenderism and sexual orientation.
Following this decision, President Joe Biden issued an executive order on his first day in office mandating that the Bostock decision be applied across the entire federal government.
Education Secretary Miguel Cardona emphasized the significance of Title IX during a briefing with reporters, underscoring its role in promoting equality and preventing sex-based discrimination in federally funded education, as reported by the Examiner.
Despite these efforts, critics voice concerns that allowing men to participate in women’s sports will undermine the integrity of Title IX. Representative Virginia Foxx, chairwoman of the House Education and Workforce Committee, criticized the final rule, accusing the Department of Education of jeopardizing the progress made in protecting women and girls under Title IX.
Foxx contends that the updated rule not only disregards biological realities but also undermines due process rights, potentially exposing students and institutions to legal risks and diluting the core protections intended by Title IX.
