The U.S. Department of Education has officially removed provisions protecting LGBTQ students from sex-based discrimination from its Title IX regulations. In doing so, the Donald Trump administration formally repealed a Biden-era rule that had already been blocked by a court. In its place, the department formally codified the 2020 regulations adopted during Trump's first presidential term.
Civil rights advocates warn of severe consequences for students, while officials say they have merely brought the regulations into line with court rulings.
What exactly has changed?
Reversing the “Biden pledge”
The Biden rule adopted in 2024 explicitly extended Title IX—the 1972 law prohibiting sex-based discrimination—to gender identity and sexual orientation. It also strengthened protections for pregnant students, parents, and victims of sexual harassment. However, in January 2025, a federal judge struck down the rule nationwide, after which the department effectively reverted to the previous standards and has now formally codified that change in its regulations.
A return to Betsy DeVos-era standards
The reinstated 2020 regulations establish a much narrower definition of sexual harassment that educational institutions are required to address. They also guarantee additional due process rights to the accused, including in-person hearings at colleges. Civil rights advocates and victim support organizations note that such a system makes it significantly more difficult to file and adjudicate complaints.
Arguments from Both Sides
U.S. Secretary of Education Linda McMahon said the decision is intended to eliminate conflicts with court rulings, reduce confusion for families and schools, and protect athletic opportunities for women and girls. For her part, the representative National LGBTQ Task Force Kathy Renna emphasized that rescinding the rule weakens protections for all students, especially transgender students, women, and survivors of sexual violence.
Despite the changes, students' fundamental rights remain guaranteed by the 1972 law itself, and schools and colleges retain the ability to implement internal policies supporting LGBTQ students.
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