Department of Education undoes Biden's Title IX rules on gender

The Department of Education announced Friday it is scrapping former President Biden's 2024 Title IX changes, getting rid of discrimination protection based on gender identity and sexual orientation and changing how sexual assault cases are handled on campus. 

In a “Dear Colleague” note to K-12 and higher education institutions, the department made clear the changes to Title IX the Biden administration finalized last year would no longer be used, reverting back to the 2020 Title IX rules under President Trump's first administration.  

“The Biden Administration’s failed attempt to rewrite Title IX was an unlawful abuse of regulatory power and an egregious slight to women and girls. Under the Trump Administration, the Education Department will champion equal opportunity for all Americans, including women and girls, by protecting their right to safe and separate facilities and activities in schools, colleges, and universities,” said acting Assistant Secretary for Civil Rights Craig Trainor.  

The reverted rules will define “’sex’ to mean the objective, immutable characteristic of being born male or female,” whereas Biden’s Title IX regulations said discrimination would extend to students’ gender identity or sexual orientation.  

The changes will also affect how sexual assaults are investigated on campuses, with supporters saying the 2020 Title IX rules provided stronger due process protections for those involved in allegations, while opponents argue those standards make it more difficult for perpetrators to face punishment. 

“The 2020 Title IX rule fails students, who are now at greater risk of harassment and discrimination. This is an incredibly disappointing decision that will leave many survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students without the accommodations critical to their ability to learn and attend class safely," said Emma Levine, manager of Know Your IX.

"Schools must step up to protect students in the absence of adequate federal guidance," Levine added

Biden's rules were set to take effect last August, but numerous lawsuits were filed against the new Title IX definition, which has been held up in court in more than 25 states.

At the beginning of this year, a federal judge in Kentucky struck down Biden's regulations, saying they violated the Constitution.

The change is not unexpected as Republicans have decried the new Title IX regulations since the Biden administration announced them.

Trump in his first weeks in office has made multiple moves against LGBTQ Americans, including signing an order cracking down on gender-affirming care.

The Friday announcement comes on the heels of the Department of Education launching an investigation against Denver Public Schools for alleged discrimination over an all-gender bathroom.