Biden administration overhauls Title IX, redefines sex discrimination

The Biden administration has introduced revised Title IX regulations aimed at enhancing protections for “LGBTQ+” students and modifying the approach to sexual harassment and assault claims on educational campuses. These changes are a fulfillment of Joe Biden’s campaign promise to overhaul the guidelines set during the Trump era.

While the new rules extend the definition of sex discrimination to include both gender identity and sexual orientation, the administration did not include an anticipated provision that would prohibit schools from imposing bans on transgender athletes competing in sports aligning with their gender identity. This anticipated policy has been delayed, a decision perceived by many as a strategic move in an election year, reflecting the political sensitivity surrounding the issue as Republicans increasingly focus on transgender athletes’ participation in girls’ sports.

Biden has also rescinded sexual assault policies established by 45th President Donald Trump, marking a significant shift in how sexual assault cases are handled in educational settings. This rollback has been met with approval from advocates for victims, although it has sparked criticism from Republicans who argue it compromises the rights of the accused.

Education Secretary Miguel Cardona emphasized the administration’s commitment to ensuring safe and inclusive educational environments. “No one should face bullying or discrimination just because of who they are, who they love,” Cardona stated during a press briefing. “Sadly, this happens all too often.”

The update, which is set to be implemented in August, clarifies educational institutions’ responsibilities under Title IX, a law passed in 1972 that prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

Critics, however, argue that the new rules could undermine women’s rights in sports. Riley Gaines, a podcast host for “Gaines for Girls” on outkick.com, voiced concerns that the administration’s actions could negate decades of progress made in ensuring equal opportunities for women in education and athletics. “[Biden] and his administration can’t act like they care about women or our opportunities and then go and wipe out women’s protections under the country’s landmark sex equality law,” Gaines remarked. She shared her personal experience, where a male swimmer competing in a women’s division adversely affected female athletes’ chances for recognition and awards. Gaines concluded, “With its new Title IX rewrite, the Biden administration is unilaterally erasing fifty years of equal opportunity law for women.”