Title IX now includes protection for transgender individuals under Biden Administration

The Biden administration recently redefined sex to include transgender individuals in the updated Title IX rules released on Friday.

These new rules, specifically addressing sexual harassment and discrimination sections of Title IX, aim to extend protections to LGBTQ+ and pregnant students. They also involve revamping the guidance issued during the Trump era on how schools should handle cases of sexual assault, as reported by CNN.

The implementation of the new rules is scheduled for August 1st.

First enacted in 1972, Title IX prohibits sex discrimination in educational programs receiving federal funding.

The administration has deferred the decision on whether transgender students can participate in school sports teams matching their gender identity, according to The New York Times.

An open rulemaking process is planned to address this particular issue, with finalization of sports-related rules not expected until after the 2024 election, reported by the Washington Examiner.

These updated rules are a response to the Supreme Court’s 2020 Bostock v. Clayton County ruling, which incorporated transgenderism and sexual orientation under “sex” in federal discrimination law, as indicated by Justice Neil Gorsuch, who was appointed by Trump.

President Joe Biden subsequently issued an executive order on his first day in office directing the entire federal government to adhere to the Bostock decision across all activities.

“For over half a century, Title IX has facilitated access, expansion, and fairness. Prior to the enactment of Title IX in 1972, women and girls in the United States did not have equal opportunities for education,” stated Education Secretary Miguel Cardona during a press call on Thursday evening, per the Examiner. “That was unacceptable then and remains unimaginable now.”

Title IX ensures the prevention of sex discrimination, including sex-based harassment and sexual violence, in federally funded educational settings.

Critics express concern that allowing men to participate in women’s sports will undermine the significance of Title IX, as noted by Newsmax.

Rep. Virginia Foxx, R-N.C., chairwoman of the House Education and Workforce Committee, criticized the final rule, claiming it jeopardizes the progress and protections for women and girls set forth by Title IX. She added, “The rule also weakens existing due process rights, placing students and institutions in legal danger and undermining the intended protections of Title IX. It appears that the Department is struggling to accept biological reality and uphold the law.”