Title IX protections roll back

Protections that were expanded in 2024 to include discrimination based on sexual orientation, pregnancy, and gender identity were ruled unconstitutional by a federal court in Kentucky on January 9, 2025. This launched two actions at the federal level that not only removed these newly expanded protections but rolled Title IX back to comply with the 2020 Rule, its most restricted state since 1972:

• On January 20, President Trump signed Executive Order 14168 defining "sex" as either male or female, prohibiting the use of federal funds to promote "gender ideology," and directing federal agencies to rescind all guidance documents inconsistent with this order.
• On February 4, the Department of Education issued a "Dear Colleague Letter" requiring immediate adherence to the 2020 Title IX Rule.

Why it Matters

The 2020 rule is seen as the most restrictive Title IX framework since its creation—so citing it signals an intent to limit protections for women, LGBTQ+ students, and survivors, while emphasizing “due process” for the accused.

Critics believe it shifted the balance away from the marginalized groups, creating additional barriers due to stricter definitions and higher reporting thresholds. Proponents believe it protects women and girls in sports, and provides students accused of sexual misconduct with a presumption of innocence and the right to a live hearing with cross-examination. 

Background

Title IX is a federal law prohibiting sex discrimination in educational institutions that receive federal funds. It was first enacted by Congress in 1972, and it has been challenged many times over the years, particularly around sports. These challenges, as well as a landmark NCAA gender equity study in 1992, eventually led to the Equity in Athletics Disclosure Act (EADA), which required co-ed colleges that participate in federal student aid programs to submit annual reports disclosing information on their athletics program. The EADA generated positive momentum for other actions, including a Supreme Court decision in 2001 that essentially enshrined gender-based equal protections in the Constitution.

Side note: The 1992 NCAA gender equity study is not available on the NCAA website. Additionally, its Gender Equity Task Force is being replaced by the Committee on Access, Opportunity, and Impact. In May, it was developing staff training "to provide foundational learning about equity in all aspects – not just gender – in their work."

Resources

History of Title IX - Women's Sports Foundation
Gender Equity and Title IX in 1992 - Ball State University
Celebrating Progress - Women's representation in NCAA sports, leadership roles (NCAA)