The Education Department has officially rescinded the Biden Administration’s Title IX interpretation that extended protections to students based on sexual orientation and gender identity.
In other words, the department is sticking to Title IX’s literal meaning: sex-based discrimination.
“Today’s rulemaking clears the Biden Administration’s illegal rewrite of Title IX from the Code of Federal Regulations and restores the commonsense language promulgated in the first Trump Administration, which we have been enforcing since the first days of the Administration,” said U.S. Secretary of Education Linda McMahon. “Thanks to today’s action, the published Title IX regulations faithfully 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.”
Honestly, nothing changes because the department has been enforcing reality since January 2025: Title IX is based on sex. It’s not based on your sexual orientation or gender identity.
But males have been trying to use Title IX to invade female spaces and sports. It’s huge that the department has completely erased the interpretation from the Code of Federal Regulations.
“Well, it just gives clarification to students, teachers, schools, parents,” McMahon told OutKick. “Everyone now knows what the rule is and how everyone is going to abide by it.”
In 1972, the government passed Title IX to stop sex-based discrimination in education programs or any activity that receives federal financial assistance.
Title IX has found its way into the spotlight lately because males keep trying to invade female-only spaces and sports.
The Biden Administration allowed those males to invoke Title IX to gain access to those spaces and spots on those teams.
Biden’s Education Department refused to provide a narrow definition of sex “to avoid overbroad application of a prohibition on discrimination based on sex stereotypes.”
Without defining sex or using the actual definition of sex, the Department of Education could use sex and “gender identity” in the same ways.
Shiwali Patel, senior director of education justice at the National Women’s Law Center, brought up sexual harassment and assault to complain about McMahon’s announcement.
Except, um, how does returning Title IX to its original intention have to do with sexual harassment and assault?
Rules, laws, and regulations address those crimes.
See, this is what happens when you broaden something like Title IX.
Title IX was established with a specific purpose: no discrimination based on sex in any education program or activity that receives federal funding.
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