Isabella Carter
In 2020, the Trump Administration's Department of Education (DOE) issued a new Title IX rule, which was later blocked by the Biden Administration. However, in 2025, a federal judge struck down the Biden Administration's Title IX regulations, reverting back to the 2020 Trump-era Title IX rule. This has sparked debate, with advocates for victims of sexual violence expressing concern that the decision will make it more difficult for victims to report sexual harassment and will put students at greater risk. On the other hand, conservative lawmakers and advocates have applauded the move, arguing that it will enhance student safety and ensure stronger due process protections. The DOE has stated that it will enforce the 2020 rule immediately, but there are still unanswered questions and expectations of further guidance from the DOE.
| Characteristics | Values |
|---|---|
| Date of Trump's withdrawal of Title IX guidance | 2020 |
| Date of Biden's Title IX regulations | 2024 |
| Biden's Title IX regulations blocked in | 26 states and hundreds of colleges |
| Trump's Title IX guidance | Makes it more difficult for victims to report sexual harassment |
| Trump's Title IX guidance | Allows individuals accused of sexual assault to cross-examine their accuser |
| Trump's Title IX guidance | Limits Title IX's jurisdiction to incidents that take place on campus |
| Trump's Title IX guidance | Narrowly defines sexual harassment |
| Trump's executive order | Defines "sex" as "an individual's immutable biological classification as either male or female" |
| Trump's executive order | Does not have the force of law |
| Trump's executive order | Signals intent to narrow the scope of federal civil rights protections afforded under Title IX |
| Biden's Title IX regulations | Expanded the categories of conduct that constituted impermissible "sex-based harassment" |
| Biden's Title IX regulations | Explicitly protected individuals from discrimination on the basis of sex characteristics, sexual orientation, and gender identity |
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What You'll Learn
Trump's executive order to narrow the scope of federal civil rights protections under Title IX
In 2020, the Trump administration issued an executive order narrowing the scope of federal civil rights protections under Title IX. The order directed federal agencies to interpret "sex" as an individual's "immutable biological classification as either male or female," excluding gender identity. This change faced criticism from advocates for victims of sexual violence, who argued that it would make it more difficult for victims to report sexual harassment and implement due process requirements for the accused.
The 2020 regulations also limited Title IX's jurisdiction to incidents occurring on campus and adopted a narrower definition of sexual harassment. These changes were opposed by the Biden administration, which attempted to expand Title IX protections to include explicit protections for transgender students, such as allowing them to use bathrooms and locker rooms aligning with their gender identity.
Trump's executive order on Title IX was part of a broader effort to end what he termed "Illegal DEI" (diversity, equity, and inclusion) in federal contracting and spending. He argued that DEI practices in businesses and institutions, including the federal government, fostered intergroup hostility and unlawfully tainted admissions and employment practices. Trump's order instructed federal agencies to terminate DEI considerations in hiring, promotions, and performance reviews, focusing solely on merit-based factors.
The Trump administration's actions on Title IX and civil rights have been controversial. While some conservative lawmakers and critics of the Biden regulations applauded the moves, others, including advocates for victims of sexual violence and transgender rights activists, have expressed concern. Legal challenges have been mounted against Trump's executive orders, with claims that he exceeded his authority and that the orders constitute an abuse of regulatory power.
The dynamic nature of this issue is evident, with ongoing developments and adjustments to policies. The impact of Trump's executive order on Title IX has been significant, shaping the interpretation and enforcement of civil rights protections in educational institutions.
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The Biden Administration's 2024 Title IX regulations
However, the 2024 regulations were challenged by Republican Attorneys General, who argued that the Biden Administration's rewrite of Title IX was an "unlawful abuse of regulatory power". On January 9, 2025, a federal judge invalidated the 2024 rules, and the Department of Education reverted to enforcing the Trump Administration's 2020 Title IX regulations.
The 2020 Title IX regulations have been criticized for making it more difficult for victims to report sexual harassment and for implementing due process requirements for individuals accused of sexual assault, such as allowing them to cross-examine their accuser. The regulations also limit Title IX's jurisdiction to incidents that occur on campus and provide a narrower definition of sexual harassment.
The Biden Administration is likely to appeal the rulings blocking their 2024 Title IX regulations. The issue of whether Title IX can be interpreted to prohibit sexual orientation and gender identity discrimination remains unresolved, and it is unlikely that the Supreme Court will weigh in on the matter anytime soon.
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The 2020 Title IX Rule
The 2020 Rule has been criticized by advocates for victims of sexual violence, who argue that it makes it more difficult for victims to report sexual harassment and implements due process requirements that could be traumatizing for assault survivors. The regulations also limit Title IX's jurisdiction to incidents that occur on campus and provide a narrower definition of sexual harassment.
However, conservative lawmakers and advocates applauded the decision, believing it will make students safer. The Trump Administration's interpretation of "sex" as an "individual's immutable biological classification as either male or female" has also raised questions about the rule's applicability in states with laws protecting gender identity. Institutions are expected to implement the 2020 Rule immediately, but further changes and clarifications are likely forthcoming.
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Title IX's jurisdiction and definition of sexual harassment
In 2020, the Trump administration enacted new Title IX regulations that were criticized for making it more difficult for victims to report sexual harassment and for implementing several due process requirements for individuals accused of sexual assault. These regulations limited Title IX's jurisdiction to incidents that took place on campus and provided a narrower definition of sexual harassment.
The Biden administration's Title IX regulations were blocked in 26 states and hundreds of colleges, so many institutions continued to follow the 2020 regulations. However, in 2025, a federal judge struck down the Biden administration's regulations, and the Department of Education announced it would enforce the 2020 Title IX regulations enacted during Trump's first term.
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The impact on transgender students
In 2022, the Trump administration withdrew the Obama-era guidance on Title IX that protected transgender students' rights to access sex-segregated spaces, including bathrooms and locker rooms, in public schools. The previous guidance stated that Title IX, the 1972 law prohibiting sex discrimination in federally funded education, also protected transgender students.
By rescinding this guidance, the Trump administration left it up to state and local authorities to decide how to treat transgender students and what spaces they should be allowed to access. This resulted in a patchwork of protections that vary across different states and school districts, creating confusion and legal uncertainty. While Title IX protections for transgender students remain in law, the withdrawal of the Obama-era guidance means that transgender students and their families may face vastly different experiences and levels of accommodation depending on their location.
The impact of this decision on transgender students is significant. Transgender students' rights and well-being are put at risk, and they may face discrimination, exclusion, and a lack of accommodation in schools. The withdrawal of guidance also contributes to a broader climate of uncertainty and potential negative health outcomes for LGBTQ+ youth, who already experience disproportionately high rates of suicide attempts.
Additionally, the Trump administration's interpretation of "sex" as "an individual's immutable biological classification as either male or female," excluding gender identity, further complicates matters. This interpretation has been applied in cases involving transgender athletes, such as the Penn transgender swimmer controversy, where the Trump administration argued that allowing transgender athletes to compete in women's sports violated Title IX by denying equal opportunities to female athletes.
The delegation of transgender students' rights to state and local authorities sets a precedent for inconsistent protections and potential legal battles, echoing the historical struggle for gay marriage rights before nationwide legalization. The impact of the Trump administration's actions on transgender students cannot be overstated, with potential consequences for their safety, education, and overall well-being.
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Frequently asked questions
Title IX is a statute that protects individuals from discrimination on the basis of biological sex, gender identity, and sexual orientation.
The Trump Administration narrowed the scope of federal civil rights protections under Title IX by defining "sex" as an individual's biological classification as either male or female, excluding gender identity.
The 2020 Title IX regulations make it more difficult for victims to report sexual harassment and implement due process requirements for individuals accused of sexual assault, such as allowing them to cross-examine their accuser.
Educational institutions are expected to implement the 2020 Title IX regulations immediately, including for ongoing cases. They should also be prepared to address questions from students and employees about their Title IX procedures.
The Biden Administration's 2024 Title IX regulations were vacated by the U.S. District Court for the Eastern District of Kentucky, and the prior 2020 regulations are now in effect nationwide. Executive orders cannot override federal laws or the U.S. Constitution.
