The U.S. Department of Education recently withdrew a proposed rule change under Title IX sex discrimination law that would have allowed gender-confused male athletes to play on women’s sports teams. The Biden administration admitted that public outcry and legal challenges made finalizing the rule too difficult. 

According to the withdrawal notice, the Department of Education pulled the changes due to more than 150,000 public comments on the rule encompassing a “broad spectrum” of critiques, including “a significant number” advocating for the rule’s modification or outright withdrawal. The Education Department also cited mounting litigation against the administration’s previous Title IX changes related to gender identity for its decision to reverse course.

The Education Department stated that it “determined not to regulate on this issue at this time” and that it does “not intend for the final rule to be issued.” 

Congress enacted Title IX in 1972 to ban sex discrimination in education and provide equal opportunities for men and women. The proposed rule, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams,” was introduced in the Federal Register in 2023 and was designed to allow students to play for sports teams that match their preferred gender identities at schools that receive federal funding. This rule would have amended the currently litigated Title IX Final Rule that became effective in August 1, 2024, which infuses “gender identity” into the definition of “sex” and would apply sex discrimination protections to those who “identify” as the opposite gender. Currently, at least seven circuit courts have temporarily blocked this Title IX rewrite as unconstitutional preventing it from taking effect in 26 states. In the remaining states, the rule forces women to share private spaces with gender-confused males while mandating the use of “preferred pronouns” in K-12 school and colleges receiving federal dollars. 

The current legal challenges claim that the Biden administration has overstepped its authority by redefining “sex” and extending discrimination protections to gender-confused individuals – actions that both impede state sovereignty and usurp the role of Congress to define terms. 

Liberty Counsel Founder and Chairman Mat Staver said, “The radical rewrite of Title IX regulations contradicts everything the law was enacted to do – protect opportunities for women and girls. This withdrawal reflects the views of most Americans who believe that women’s sports should remain reserved for female athletes.” 

For information about state laws protecting against gender ideology, visit Liberty Counsel’s website here.