Title IX Protections Revert to Biological Sex Definitions, Discarding Biden-Era Rule

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  • Source: Wayne Dupree
  • 02/01/2025
The Department of Education announced Friday that it would enforce Title IX protections based on biological sex, overturning the Biden administration’s rule that extended these protections to include gender identity. The decision marks a significant policy shift, reverting immediately to the 2020 Title IX rule, which defines sex as the “objective, immutable characteristic of being born male or female.” The move aims to restore traditional interpretations of the landmark civil rights law and reinforce due process safeguards for students accused of sexual misconduct.

This announcement follows a federal court ruling in Kentucky three weeks ago, which vacated the Biden-era Title IX rule nationwide. The Biden administration's efforts to expand the definition of sex under Title IX faced both judicial pushback and widespread criticism. Additionally, President Trump’s recent executive order directed federal agencies to recognize only two sexes—male and female—in federal policies and guidelines. This order served as a cornerstone for the Education Department’s decision to revisit and reinstate the 2020 rule.

Acting Assistant Secretary for Civil Rights Craig Trainor confirmed the shift in a statement, saying, “The Biden administration’s attempt to rewrite Title IX was an unlawful abuse of regulatory power and a disservice to women and girls.” Trainor emphasized that the department’s priority under the Trump administration is to ensure equal opportunities for all Americans while safeguarding the privacy and safety of women and girls in schools and universities.

The updated guidance, detailed in a Dear Colleague letter sent to K-12 schools and higher education institutions, requires ongoing Title IX investigations to align with the 2020 rules immediately. These rules also bolster protections for those accused of sexual misconduct by mandating greater transparency and allowing cross-examinations during school disciplinary proceedings. The department’s decision directly impacts how schools interpret Title IX policies related to sex discrimination, accommodations, and facilities access.

Conservative groups and advocates for women’s rights welcomed the announcement, viewing it as a step toward restoring fairness and safety in educational settings. Alliance Defending Freedom CEO Kristen Waggoner called the decision “a victory for student safety, privacy, and free speech.” She added that it particularly benefits women and girls who have fought to preserve their sports and private spaces.

Former Education Secretary Betsy DeVos, who led the 2020 Title IX overhaul, praised the policy reversal, stating on X, “At long last, sanity returns!” Advocacy groups like the Southeastern Legal Foundation and the Heritage Foundation echoed similar sentiments, framing the move as a correction to what they viewed as overreach under the previous administration.

Despite the celebration among supporters, questions remain about the broader implications of the policy rollback. The Biden administration had argued that its April Title IX proposal did not apply to scholastic athletics and intended to address the issue through separate rulemaking. However, the administration withdrew the proposed rule in December, leaving some uncertainties about the future of transgender participation in sports.

While the reinstatement of the 2020 rule has resolved certain legal challenges, it is likely to reignite debates surrounding gender identity rights and access to facilities in educational institutions. Schools, students, and advocacy groups will need to navigate these evolving policies as the Education Department implements the changes.

As the Trump administration continues to reshape federal education policies, Acting Education Secretary Denise Carter oversees the department’s immediate priorities. Meanwhile, Linda McMahon, President Trump’s pick for Education Secretary, awaits Senate confirmation. Her leadership could further solidify the department’s stance on Title IX and related issues.

What’s your perspective on this policy shift? Do you think the return to biological sex definitions under Title IX is a step forward or a step back? Share your thoughts in the comments below!

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