In 2024, the Biden administration attempted to update the Title IX laws created in 1972. The original laws were created to prevent sex-based discrimination in federally funded education programs. For example, it would protect a female student in a public school from being rejected from a school team on the basis of her gender.
Biden’s new rules for the laws were proposed on the 50th anniversary of Title IX’s passing in 2022. The proposal was created to replace Title IX rules set in place by Education Secretary Betsy DeVos under the Trump administration and added regulations to prevent discrimination against LGBTQ+ students.
DeVos’ rules were implemented in August 2020 and required the definition of sexual assault to be narrowed. The regulations only mandated schools to investigate allegations if they were made to specific school administration members. It was controversial as it allowed students to question each other via representatives during sexual assault hearings. Biden claimed DeVos’ rules would “shame and silence survivors.” Others argued it was a victory for accused students, as they were given more opportunities to respond to allegations against them.
Biden’s Title IX update proposed to end DeVos’ requirement of live hearings for sexual assault cases. The update allowed for hearings, yet also permitted campus officials to question students separately. It also allowed more campus employees to inform officials of suspected cases.
Biden’s new rules specified that protections against discrimination based on sex also applied to discrimination based on gender identity and sexual orientation. It also aimed to protect pregnant students and faculty from inequity by allowing for modifications, lactation spaces, and break time. It also ensured that schools were open about their nondiscriminatory policies.
Protections were also put in place in case of retaliation against those who exercise their Title IX rights.
Many of these updates required prompt action to claim Title IX violations and prevent their recurrence. Janson Wu, executive director of Gay and Lesbian Advocates and Defenders, said, “These proposed regulations demonstrate a strong commitment to protecting educational opportunities for all students, including LGBTQ students.”
While being hailed as a victory for protecting LGBTQ+ students, attorneys general in 18 Republican-led states expressed concern that it would allow transgender athletes in women’s sports.
Representative Virginia Foxx of North Carolina claimed the rules would “demolish due process rights and the safety of young women and girls across the country.”
In June 2024, U.S. District Judge Terry A. Doughty called the new rule an “abuse of power” and a “threat to democracy.” Doughty created a preliminary injunction that blocked the rules from taking effect in Louisiana, Mississippi, Montana, and Idaho.
Days later, Kentucky Judge Danny C. Reeves granted a preliminary injunction requested by representatives from Kentucky, Indiana, Ohio, Tennessee, Virginia, and West Virginia. Ultimately, the rule was halted in 26 states.
On January 2, 2025, Reeves scrapped the proposed revisions altogether, calling them “fatally” tainted by legal shortcomings.
President Trump had previously promised to end Biden’s Title IX rules “on day one.” Tennessee Attorney General Jonathan Skrmetti called the shutdown a rejection of the Biden administration’s “relentless push to impose a radical gender ideology.”
The education department has not commented on the decision.
