Education Department: Title IX to include “gender identity”

On the 50th anniversary of Title IX, the Biden administration announced a proposed amendment Thursday that expands nondiscrimination rights for LGBT students. The proposal states that the law, which bans sex-based discrimination at schools and colleges that receive federal funding, also applies to discrimination based on sexual orientation and gender identity. It would also remove the requirement for in-person hearings during school sexual misconduct investigations and loosen the definition of sexual misconduct. The proposal is a return to Obama administration policies after the Trump administration changed them. There is a 60-day public comment period before the rules can go into effect.

How will this affect women’s sports? Republicans said the new rules expand the definition of sex to include “gender identity,” which would undermine Title IX’s achievements in equalizing sports. Some worry that sex-segregated spaces like bathrooms and locker rooms will no longer be segregated in order to prevent discrimination claims from transgender individuals. The administration said it will address the issue of transgender students in sports in more specific rules later.

Dig deeper: Read Jennifer Marshall Patterson’s column in WORLD Opinions on Title IX turning 50.