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The U.S. Department of Education has officially withdrawn the Title IX rules that the Biden Administration had issued on April 24, 2024, and that had been placed under injunction by a federal court while litigation was ongoing to challenge the illegal rules to have been promulgated by the Biden Administration.
The new rules, which were finalized in April 2024, greatly expanded the definition of sex-based discrimination to include gender identity. This would have forced schools to allow males who identified as female to compete in girls'''s sports, and to allow them to use girls' restrooms and locker rooms. Several dozen states challenged the new rule in court. Within days, a federal judge issued an injunction that prevented the new rule from taking effect in 24 states.
The formal rescission of the 2024 rule shall restore to effect the provisions of the 2020 Title IX rule, which were published during the first Trump Administration and were intended to enforce the 1972 Title IX statute to protect females in Title IX covered education programs and activities from sex-based discrimination.
The Department of Education is removing Biden-era policies promoting gender ideology in federal education law as part of the broader effort by the Trump administration to undo these policies. Title IX was written to protect the rights of biological females, not to force schools to allow the participation of biological males in female activities, sports, and facilities.
These families and school districts had brought lawsuits challenging the rewritten Title IX, which were put on hold by the federal court injunctions issued before the rewritten rule could take effect. Today's action by the Department of Education allows those lawsuits to be dismissed, with the Department taking the position that its formal rescission of the rewritten rule makes the 2020 rule the law of the land once again.
Title IX is a federal law from 1972 that is intended to prevent sex-based discrimination in any program or activity that receives federal funds in education. For more than 50 years, the law has helped girls and women get opportunities in schools and universities across the country. The rewrite of Title IX from the Biden administration would have undermined the purpose of the law and given way to gender identity claims over sex-based discrimination, critics argued.
The rescission is part of a broader effort by the Trump administration to disband gender ideology embedded in federal education law. Executive orders have previously taken aim at the implementation of transgender policies in schools and other federally funded programs.
