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Trump Administration Repeals Biden-Era Title IX Rule Expanding LGBTQ Protections

By Drooid · · How we work

Core Action: Restoration of 2020 Title IX Interpretation

On Monday, Education Secretary Linda McMahon announced a final regulation that rescinds the Biden administration’s 2024 Title IX rule, which had extended sex-discrimination protections to sexual orientation and gender identity. The new rule returns to the 2020 Trump-era interpretation that defines “sex” strictly as male or female.

Background & Context

The Biden-era regulation broadened Title IX coverage to LGBTQ students and employees in federally funded schools. Federal courts struck down that rule after challenges from Republican-led states. The Department’s fact sheet framed the repeal as necessary to eliminate public confusion about the “unlawful attempt” to stretch Title IX protections.

Timeline

  • April 4, 2025 – The Departments of Education and Justice announced the Title IX Special Investigations Team.
  • June 30, 2026 – The Supreme Court upheld Idaho and West Virginia laws restricting girls’ and women’s sports to females.

Official Statements & Responses

The fact sheet argued the repeal would “help eliminate public confusion” about the prior administration’s approach. Conservative groups, including the Defense of Freedom Institute, praised the move as a “full return to Title IX” and a restoration of “commonsense language.” The Department also noted that the rule does not introduce new policy decisions beyond reflecting existing court rulings.

Data & Statistics

  • During the first Trump administration, former Education Secretary Betsy DeVos received more than 100,000 public comments on the 2020 Title IX rule.
  • Former Secretary Miguel Cardona’s 2022 regulation attracted nearly three times that number of comments.

Why It Matters / Impact

Reinstating the 2020 definition of sex reshapes how schools handle sexual-misconduct investigations, athletic eligibility, and harassment complaints. Advocates warn the rollback could reduce reporting of sexual assault and limit protections for transgender students, while supporters claim it restores “equal opportunity” in women’s sports. Critics note the Department did not follow the typical notice-and-comment rulemaking process, potentially inviting legal challenges.

Conflicting Reports & Gaps

Education advocates assert the fact sheet provides “no clarity” on the regulation’s objectives and that the lack of a formal comment period may violate administrative-procedure norms. The Department maintains the rule merely codifies existing court decisions and does not constitute a new policy shift. No definitive court ruling on the procedural challenge has yet been reported.

Verbatim Quotes

  • “Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and Congressional intent — reducing confusion for parents, students, and educational institutions,” — Education Secretary Linda McMahon
  • “We're just acknowledging that boys and men are in boys and men's sports and girls are in theirs,” — Linda McMahon, education secretary