Biden Administration Moves to Expand Title IX to Eliminate Gender-Exclusive College Facilities, Sports Teams

One proposed change “would make clear that preventing any person from participating in an education program or activity consistent with their gender identity would subject them to more than de minimis harm on the basis of sex and therefore be prohibited, unless otherwise permitted by Title IX or the regulations.”

If adopted, the rule change would bar universities any other federally funded institutions from maintaining men and women’s sports and sex-segregated spaces like locker rooms and dormitories.

The move is the latest in a years-long argument over the definition of “sex” that has now spanned three administrations and comes on the 50th anniversary of the law. The Obama administration initially expanded the definition, writing in a Dear Colleague letter that “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.”

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