On Tuesday, a federal court granted Texas its initial victory in a lawsuit against the Biden administration concerning a mandate from two federal agencies. This mandate was issued prior to the administration's amendment of Title IX, which expanded the definition of biological sex to encompass "sexual orientation" and "gender identity."
Title IX, a component of the Education Amendments Act of 1972, declares: "No person in the United States shall, based on sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
This legislation was passed at a time when athletic opportunities for women and girls were scarce. History.com notes that before Title IX, female athletes had few opportunities. The enactment of Title IX led to a significant increase in female sports participation, a reduction in the high school dropout rate among girls, and an increase in the number of women pursuing and completing higher education degrees.
The Obama and Biden administrations made regulatory attempts to redefine 'sex' to include "sexual orientation" and "gender identity," allegedly giving biological males competing in women's sports an unfair advantage, as argued by a group of attorneys general. In 2022, they contested a Biden administration initiative to reinstate Obama-era modifications to Title IX, which had been rescinded by the Trump administration.
Despite extensive opposition, including from women's organizations, the Biden administration proceeded to amend Title IX through various approaches, claiming such actions would "promote educational equity and opportunities for women and girls nationwide."
The administration suggested altering the law with a new rule and implemented mandates via the U.S. Department of Education and the Department of Justice, the bodies tasked with Title IX's administration and enforcement.
In retaliation to the suggested amendments, a coalition of 18 Attorneys General resisted, asserting that the alterations effectively "destroyed" the rights of women and girls, undermining the core principle of Title IX – biological reality.
