Education Dept. Officially Removes Biden’s Title IX Gender Identity Rules
In other words, the department is sticking to the literal interpretation of Title IX: sex-based discrimination.
The Education Department has officially rescinded the Biden Administration’s Title IX interpretation that extended protections to students based on sexual orientation and gender identity.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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Comments
She like totally body slammed the Biden rules.
One wonders why a change so needed and so basic escaped the department goals for so long.
Probably because Potatobrain was as sharp as a tack.
No, I mean, this is nearly two years into the Trump administration. I would have expected this to have been done in the first quarter. Compare to all the damage Joe fit into his very first DAY.
I am assuming they had to go through proper administrative procedures so a court didn’t rule against them for skipping steps.
Litigation concerning the 2024 rule was not dismissed until August 2026, which cleared the way for the final regulatory action.
From the January 9, 2025 vacatur to the September 28, 2026 formal CFR correction was about 20.6 months. That is long, but it is not especially surprising if the Department deliberately waited for the appellate and collateral litigation to finish before changing the published regulatory text.
The more interesting timeline is August to September 2026. According to Education, the remaining litigation ended in August and the final rule came out September 28. That is roughly one to two months. From an administrative-law standpoint, that is quite fast.
Wait a minute. I thought the Trump Administration was taking steps to shut down the department?
I think they are using it to after the lefty states that are still cramming DEI and gender fluidity into curriculums. The beast is our beast. For the moment.
They can’t. It was created by signed law, so only signed law can truly get rid of it.
They are in a roundabout way. Reducing functions and limiting authority/funding toward core mission v all the extra add on mission creep the d/prog and bureaucracy itself layer into being over the decades. Gonna take Congress to eliminate it and halt funding.
This will quickly be brought before a leftist judge and blocked.
It’s still important to call out the Islamo-Marxist-Tranny lunacy where it appears, and to go on record excising it and uprooting it.
Biden was completely out of his tree during his whole four years as president. Nothing that has his name on it should be considered legal.
It’s interesting how all the MSM outlet headlines say “Trump revokes Title IX rules” like he just scrapped the whole thing on his own hook.
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