Gender identity under Title IX

Title IX of the United States Education Amendments of 1972 prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The validity of each respective executive administration's interpretation is being tested in the federal courts, most recently in the 2025 instances of West Virginia v. B. P. J., Tennessee v. Cardona and United States v. California Interscholastic Federation.

The Obama administration interpreted Title IX to cover discrimination on the basis of assigned sex, gender identity, and transgender status; protections against sexual assault and harassment were strengthened and extended to transgender students, including rights to use bathrooms and locker rooms consistent with their gender identity. The first Trump administration determined that Title IX’s prohibition on sex discrimination did not apply to personal gender identity and that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. During the Biden administration, the Department of Education reinstated and expanded protections for LGBTQ+ individuals to include discrimination based on sexual orientation, gender identity, and sex characteristics. This interpretation was based on the 2024 Title IX Final Rule as well as Bostock v. Clayton County. Upon Donald Trump’s return to office, his administration expanded the power of the executive branch’s interpretation, reverting 2020 regulations on Title IX protections through executive orders such as Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government and Keeping Men Out of Women's Sports.

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