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In 1972, American education underwent a monumental shift with the passage of Title IX. This landmark civil rights law prohibits sex-based discrimination in any educational program or activity that receives federal funding. Emerging from the women’s rights movement of the 1960s and 1970s, Title IX was crafted to ensure equal opportunities for women in education.
While Title IX is often associated with athletics—significantly increasing women’s participation in sports at all educational levels—its impact extends far beyond the playing field. It has also been pivotal in addressing issues like sexual harassment, sexual assault, and gender-based discrimination in academic programs and activities.
Over the years, Title IX has evolved through various court rulings and administrative interpretations, broadening its protections. A major development came in 2020, when the Supreme Court’s decision in Bostock v. Clayton County extended Title VII protections against sex discrimination to include sexual orientation and gender identity. This ruling had a ripple effect, influencing the interpretation of Title IX as well.
However, a new conservative policy agenda, Project 2025—developed by the Heritage Foundation—seeks to radically change Title IX, rolling back protections for women and LGBTQ+ individuals. Among its most drastic proposals is redefining “sex” under Title IX to mean only “biological sex recognized at birth.” This would effectively strip protections from transgender and non-binary students, reversing significant gains in LGBTQ+ rights. Project 2025 also calls for eliminating the Department of Education, which currently enforces Title IX, instead shifting enforcement to litigation through the Department of Justice. This would make it much harder and more costly for individuals to fight discrimination.
The plan also seeks to overturn the Biden administration’s regulations that strengthened protections against sexual harassment and assault in schools. Instead, Project 2025 proposes reinstating Trump-era regulations, which granted more rights to those accused of sexual misconduct—policies that could discourage victims from coming forward. Moreover, the plan targets the elimination of “disparate impact” theory in Title IX cases, making it harder to challenge policies that, while seemingly neutral, disproportionately harm women or girls.
In contrast, the Biden administration has worked to reinforce and expand Title IX protections. In 2021, the Department of Education reinstated Obama-era guidance on sexual misconduct, which had been rolled back during the Trump administration. This move signaled a return to broader protections for victims of sexual harassment and assault. Additionally, the Biden administration has interpreted Title IX to align with the Bostock decision, extending protections to students facing discrimination based on sexual orientation and gender identity. This has been especially significant for transgender students.
In 2022, the Biden administration proposed new Title IX regulations aimed at strengthening protections against sex-based harassment, clarifying schools’ responsibilities to prevent and address discrimination, and ensuring LGBTQ+ students’ rights are safeguarded. Despite challenges from conservative states and legal blockades, these proposals reflect the administration’s commitment to fostering a more inclusive and equitable educational environment.
The stark contrast between Project 2025 and the Biden administration’s approach to Title IX could not be clearer. Project 2025 represents a significant threat to decades of progress in gender equality and women’s rights in education, rolling back protections for both women and LGBTQ+ students. Conversely, the Biden administration’s efforts align with feminist goals of expanding equality, protecting vulnerable students, and promoting inclusivity in schools.
As we look ahead, Title IX remains a critical battleground in the fight for gender equity. The future will require continued efforts to address ongoing issues like the underrepresentation of women in STEM, combating sexual harassment and assault on campuses, and ensuring that Title IX protections consider the unique challenges faced by women of color, LGBTQ+ individuals, and students with disabilities.
