Education Department cuts Biden-era gender expansions from Title IX

The Trump administration reversed Biden-era changes to Title IX discrimination protections on Monday, restoring discrimination protections based solely on biological sex instead of so-called gender identity or sexual orientation. The Biden administration previously expanded the 1972 law’s definition of sex discrimination by reinterpreting it to prohibit discrimination against gender identity and sexual orientation.

Under Biden’s reinterpreted Title IX, critics said a school could be subject to a Title IX investigation for barring a male who identified as female from using female-only spaces, a prohibition which could have been considered discrimination on the basis of gender identity. Critics of the reinterpretation also argued that it had a vague interpretation of “discrimination,” leading many to fear that simple differences of opinion or using incorrect pronouns would trigger Title IX investigations.

Commonsense language has been restored to Title IX, reducing confusion for parents, students, and schools, according to a Monday statement from Education Secretary Linda McMahon. The Trump administration planned to continue championing equal rights for all Americans, according to the release. Education officials also planned to hold any school accountable for violating the rights, privacy, or athletic opportunities of biological females, McMahon said.

So what will the reversal actually do? The Monday policy change will restore the Trump administration’s 2020 Title IX rule, which included policies regulating how Title IX investigations are handled. The first Trump administration added language to the rules ensuring that schools receiving government funding settled all Title IX sex abuse allegations with a live hearing, complete with cross-examination, that would present the accused with both charges and evidence against him or her.

The current Trump administration partnered with the Justice Department to create a Title IX Investigations Team tasked to provide consistent and swift investigation into possible violations, according to the Monday release. Trump officials have already launched a large volume of Title IX probes into schools with allegations of allowing biological men to compete in women's sports or share single-sex spaces, the release added.

How are people responding?

• Rep. Pramila Jayapal, D-Wash., accused the Trump administration of targeting LGBT children in a Monday statement. The administration’s Title IX changes will harm LGBT kids who deserve better, she added.

• The Biden administration’s Title IX rewrites caused immeasurable harm to women and girls by allowing biological males in spaces they didn’t belong, according to a Monday statement from Rep. Mark Harris, R-N.C.

• The Human Rights Campaign claimed that the Title IX restoration erased protections for LGBT children and survivors of sexual assaults. The Education Department abandoned its duty to protect students from sex discrimination and sexual violence in schools, the advocacy group added.