Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex at federally funded educational institutions and in the programs and activities of these institutions.

 

In 2021, President Joe Biden issued two executive orders that included a call for the US Department of Education to review the Title IX regulations then in effect and issue updated guidance.

 

On June 14, 2022, the U.S. Department of Agriculture announced that it will interpret the prohibition on sex discrimination found in Title IX and the Food and Nutrition Act of 2008 to include discrimination based on gender identity.

 

On June 23, 2022, the U.S. Department of Education released proposed changes to Title IX regulations that would contradict the plain language of the law. The proposed regulations would prohibit schools that receive federal funds, including public, charter, private, and parochial schools, from “adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity,” thereby compelling schools to deny biological reality.

 

A lawsuit has been filed by Ohio Attorney General Dave Yost and 21 other state attorneys general seeking to invalidate the newly enacted Department of Agriculture rules that tie continued receipt of federal nutritional assistance and other funding subject to Title IX to the adoption of gender identity policies.

​

Proposed Regulation by the United States Department of Education:

 

• The proposed rules, actions such as a student or staff member using a child’s legal name and biological pronouns rather than the child-selected preferred name and pronouns could be deemed a form of “sex-based harassment,” subjecting schools and staff to civil litigation and loss of federal funds

• The proposed regulations would require that K-12 schools socially transition minor children to a different gender without requiring parental notification or involvement

• The proposed rules, schools would be required to grant access to sex-separate restroom and locker room facilities based on gender identity rather than on biological sex, which would place girls and women at increased risk for harassment and sexual assault by males who claim a female identity

• The proposed regulations pertaining to athletics would require sports teams to be based on gender identity rather than biological sex, forcing women and girls to compete on an unfair basis against males for athletic opportunities and scholarships